Tulsa Divorce Lawyers

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Know What to Expect From Your Oklahoma Divorce

Whether you believe it is time for you to file for divorce or you have just been served paperwork from your spouse seeking a divorce, you need to know what to do next. To make the most out of your initial meeting with a divorce attorney it is helpful for you to collect any information you have regarding your financial situation as well as your child(ren).

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What Should I Bring to a Divorce Consultation

  • Anything related to expenses for your household
  • Anything related to your children's schedules
  • Recent tax returns and pay stubs
  • Any documentation related to retirement accounts for you or your spouse
  • Documentation related to bank accounts for you or your spouse
  • Specific questions you need to have answered

The General Steps to a Divorce in Oklahoma

  1. The initial filing of paperwork requesting a divorce (approximately $282 filing fee paid to the court).
  2. Providing notice to the other party in one of three ways:
    • Using a private process server (ranging from $75 to $100).
    • Using the sheriff's department for your county (approximately $50).
    • You give the paperwork to your spouse along with a Waiver of Service that he or she must sign in front of a notary.
  3. Your first court appearance. This is likely to determine custody, visitation and child support in the short term, as well as who pays what household bills while the case is pending.
  4. The discovery process. This is where important information regarding your family and your finances is exchanged to determine what needs to be included in your divorce decree.
  5. Mediation. 90% of cases settle through mediation, which allows you the most control over your situation and avoids the courtroom.

What If My Case Does Not Settle at Mediation?

The next step is likely to set your case for a pretrial conference with the court. This is a court date where the attorneys will present paperwork listing the following:

  • A summary of the issues to be decided at trial
  • All potential witnesses and exhibits that may be introduced at trial
  • The time frame requested for the trial

A trial date will be set at the pretrial conference.

Divorce Questions We Hear Most in Tulsa

How long does a divorce take in Oklahoma?

Oklahoma has a waiting period after the case is filed: 10 days when there are no minor children and 90 days when there are minor children (the court can shorten the 90 days in some situations). An agreed divorce can be finished shortly after the waiting period. A contested case that goes through discovery, mediation and a trial setting commonly takes 6 to 12 months, sometimes longer.

Do I have to live in Oklahoma to file for divorce here?

Yes. At least one spouse must have lived in Oklahoma for the 6 months before the case is filed and in the county where it is filed for 30 days. Tulsa County cases are heard at the Tulsa County District Court.

How much does a divorce cost in Tulsa?

The court charges a filing fee of about 282 USD, and serving the papers costs 50 to 100 USD. Attorney fees depend on how many issues are disputed. An uncontested divorce where both spouses agree on custody, support and property costs far less than a case that has to be litigated. We go over the expected cost with you at the first consultation.

What are the grounds for divorce in Oklahoma?

Oklahoma is a no fault state. Most divorces are granted on the ground of incompatibility, which means neither spouse has to prove the other did anything wrong. Fault grounds such as abandonment, adultery or extreme cruelty still exist, but they are rarely needed.

How is property divided in an Oklahoma divorce?

Oklahoma follows equitable distribution. Property and debt acquired during the marriage are divided fairly, which is usually close to equal but not always exactly equal. Property one spouse owned before the marriage, inheritances and gifts generally stay with that spouse. Retirement savings earned during the marriage are marital property and are often divided with a qualified domestic relations order. See our retirement account division page.

Do I need a lawyer for an uncontested divorce?

The law does not require one, but the divorce decree is a court order that controls custody, support and property for years. Having a family law attorney prepare or review the decree is the best way to avoid mistakes that are expensive to fix later. Many of our uncontested cases are completed in a single visit to the courthouse.

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