Filing for Divorce in Oklahoma City: A Step-by-Step Guide

By Travis Vernier, Esq. – Bennett Vernier, PLLC

Filing for divorce is a significant legal step, and understanding the process can help you navigate it with confidence and clarity. Whether your divorce is uncontested or contested, knowing what to expect can help you avoid unnecessary delays and expenses.

Step 1: Filing the Petition for Divorce

The divorce process begins by preparing and filing a Petition for Dissolution of Marriage in the county where you or your spouse reside. This document provides essential details, including:
✔️ The names of both spouses and any minor children.
✔️ The legal grounds for divorce.
✔️ Requests for child custody, support, property division, and spousal support (if applicable).

Additionally, a summons must be served on the other spouse to officially notify them of the divorce proceedings.

Step 2: Choosing the Grounds for Divorce

Oklahoma law recognizes both fault-based and no-fault divorces. The most common ground for divorce is incompatibility (a no-fault option), which simplifies the process by avoiding disputes over wrongdoing.

However, fault-based grounds—which require proof—may be cited for reasons such as:
🔹 Abandonment for more than one year.
🔹 Adultery.
🔹 Extreme cruelty or abuse.
🔹 Fraudulent contract (misrepresentation at the time of marriage).
🔹 Habitual drunkenness or drug abuse.
🔹 Imprisonment for a felony conviction.
🔹 Insanity (institutionalized for at least five years with no expectation of recovery).

👉 No-fault divorces are generally faster, less expensive, and less emotionally draining, while fault-based divorces often result in longer litigation and higher legal costs. In Oklahoma today, the vast majority of cases are no-fault, and pursuing a fault-based divorce is usually only advisable in rare and unusual circumstances where it may provide a strategic advantage.

Step 3: Serving the Divorce Papers

Once the petition is filed, the other spouse (Respondent) must be properly served with the divorce papers. Oklahoma law has specific rules about service, which can be done via:
📌 Personal service (delivered by a process server or sheriff).
📌 Certified mail (with proof of receipt).
📌 Publication (if the spouse cannot be located).

After service, the Petitioner must file a Proof of Service with the court. The Respondent then has 20 days to file an Answer, responding to the claims in the petition.

Step 4: Temporary Injunction & Financial Protections

Filing for divorce immediately triggers an automatic injunction, which prevents both spouses from:
🚫 Transferring, hiding, or selling marital assets.
🚫 Canceling or altering insurance policies.
🚫 Harassing or disturbing the other party.
🚫 Destroying financial records or electronic communications.

This ensures that neither spouse can take unfair financial actions before the court finalizes the divorce.

Step 5: Discovery & Settlement Negotiations

Once the initial filings are complete, the discovery phase begins, where both spouses exchange:
📑 Financial documents (bank statements, tax returns, debts, and assets).
📑 Child custody and parenting information.
📑 Other relevant evidence to help negotiate settlements.

If both spouses agree on all issues, they can finalize the divorce quickly—sometimes in as little as 10 days if there are no children involved.

If disputes remain, the court may require mediation to encourage a settlement. If no resolution is reached, the case moves toward trial.

Step 6: Finalizing the Divorce

If both spouses reach an agreement, they submit a Marital Settlement Agreement covering:
✔️ Property and debt division.
✔️ Child custody, visitation schedules, and support.
✔️ Spousal support (if applicable).

If an agreement is not reached, the court will set a trial date, and a judge will issue a ruling based on the evidence presented. The final ruling becomes the Divorce Decree, legally ending the marriage.

Need Legal Guidance? Contact Bennett Vernier, PLLC Today

Filing for divorce can be complex, but having an experienced attorney on your side makes all the difference. At Bennett Vernier, PLLC, we help clients navigate the divorce process efficiently and effectively.

📞 Call (405) 456-0404 today to schedule a confidential consultation and get the guidance you need.

💼 Let us help you protect your rights and move forward with confidence. Contact Bennett Vernier, PLLC today.