What should you think about before filing for divorce?

Before you file for divorce, you need to make sure that you are prepared for the process. While some people don't have the ability to do this because they are blindsided by a spouse filing for a divorce, you can take a bit of time to make a plan.

There are laws that are specific to Oklahoma that you must consider. Even though you likely know the answers to these questions already, it doesn't hurt to brush up on the specifics before you file your petition.

What restrictions are associated with a divorce?

One of the main restrictions you should know about is the residency requirement. You must be a state resident for at least six months in order to petition for a divorce. A couple of other restrictions you should know about are that you can't remarry for six months after the divorce is finalized and you can't cohabit with another person for 30 days. If you don't comply with those two restrictions, you could face legal issues for adultery or bigamy.

What should I know about how property is divided?

You have to determine what property is marital property and what property is nonmarital property. If you have a prenuptial agreement, that document may govern the allocation of certain property and spousal support awards. You should also know that the debts you have will be divided during the property division settlement process.

Can we try to work the terms of the divorce settlement out?

You can try to work out the terms of the divorce with your soon-to-be ex. The mediation process enables you and your ex to work with a mediator to determine who is going to get what. This is often preferable to simply showing up for a trial and letting the court sort things out. Typically, you would handle any aspect of the divorce that matters, including property division and alimony, if these are a component of your divorce.

How do I know if divorce is right for me?

Divorce is the legal end to your marriage. You should likely file for divorce if you know that your marriage is over. The presence of abuse, adultery, a felony conviction, impotency, abandonment and substance addiction are some of the formal reasons for a divorce in Oklahoma. Be sure you determine if your divorce meets any of the conditions before you file. Divorce laws can change, so make sure you are considering the most up-to-date laws.


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