A lot of people always ask where they can find free DIY divorce forms for the state of Oklahoma. This article will take a closer look at divorce forms, instructions on how to use them, and how to file these things in court. Before using these forms, some words of caution
People cannot substitute these forms for hiring legal counsel. If they can afford a lawyer, it is best to use the services of these professionals. Elsewhere in this article, we will explain why it is usually not an excellent idea to represent themselves in front of a legal court.
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Even if their dissolution of marriage case is uncontested, it is best for the people involved to have legal counsel at their side. Oklahoma uncontested divorce forms may not be applicable if your divorce is a contested one. You may need more court forms and documents that will not be discussed in this article.
These fill-in-the-blank documents will not work for every dissolution of marriage case. Not every document is the same with every case. Fill-in-the-blank documents for estate planning and wills will not apply for divorce cases. Only divorce lawyers can prepare forms that are precisely designed for individuals facing a dissolution of marriage case.
If people believe that these forms will not work for their case, they need to consult a lawyer. Oklahoma divorce forms will not work for other cities or states. Laws when it comes to these cases are different in every place or state. Listed below are some things you need to do to make the case started.
Take these papers to the courthouse
Take them to the county courthouse where both parties lived for the past thirty days.
Go to the county clerk’s office
Parties involved need to file the petition, the civil cover sheet, and the summons in the clerk’s office. The office will keep the original papers for the court records, and they will stamp the copies to be given to both parties. The office will give back the original summons and will stamp it as “Original.”
Petitioners should keep the red marking because they will need it later in the case. Petitioners need to pay filing fees to the clerk’s office. If they are unable to pay these fees, ask the county clerk for a pauper’s affidavit.
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If the other party will not sign the agreed decree
If the other party does not sign the agreed-upon decree, the petitioner will have to serve the summons and petition on their partner. They may serve these documents in the following ways:
By the sheriff
Give the forms to the right sheriff, and they will serve the forms on the other party. Follow the instructions these professionals give you. After they serve the documents to the other party, they need to file a service return with the original red summons to the courthouse clerk.
Through a licensed process server
A lot of courthouses keep a list of all the licensed process servers under their jurisdiction. Ask the court that these licensed servers are in the county. Call these service providers and ask them to serve the documents to your partner. After the server serves the document to the other party, they need to file a service return, with the original red summons, with the county clerk.
Through certified mail
Send copies of petitions and summon through certified mail. When people get the return receipt from their county’s post office, file the return receipt, with the original red summons, with the county court clerk.
If the other party is willing to sign the agreed-upon decree, the petitioner needs to fill out the downloadable Oklahoma Divorce PDFs appropriate for the case. Sign these forms and have the other party sign them as well. If the other side does not sign the decree, check the “If your partner will not sign the agreed decree” box.
If the married couple has minor kids, they will have to fill out the child support computation. This computation is a state-mandated formula, and it is based on how much both sides earn, how much time they spend with their kids and other essential factors.
To create the child support computation, people can type in the information on the online website requests. These sites will generate the computation, show how much support both parties need to pay. Both husband and wife need to sign the form. If they have minor kids, they will have to decide whether one party will have sole custody or they will have joint custody with the kids.
The two parties should sign the joint custody plan in the presence of a registered notary public. If one side has sole custody of the kids, they do not need to fill out this plan. If both parties can work out an agreement, the next thing they need to do is to take a class that teaches how to help kids cope with the dissolution of marriage. This class is required for both parents.
The final hearing
There will be a short waiting period before the final court hearing is scheduled. If the petitioner doesn’t have kids, they will have to wait at least ten days after they file the petition before they can have a scheduled hearing. If they have kids, they should wait three months or ninety days after they file their petition before they can have a judicial hearing. When the people involved in the case are ready for a judicial hearing, they need to go back to the courthouse and visit the clerk’s office.
The order to set the hearing document
The motion to set the hearing document
Mail the motion to set the hearing document to the other party. Give the original copy to the clerk and ask them to file it. Give the order to the judge and ask the clerk to call you when the presiding judge signs the document. When the clerk calls and tells you that the presiding judge has already signed the order, go back to the hall of justice and pick up the order. Fill in the date on the mailing certificate. File the original copy with the clerk and ask them to make you copies. Mail one copy to the other party, and keep one copy for yourself.