The start of a new year can bring a sense of hope and renewal, but for some, it also marks the beginning of a difficult journey — divorce. If you’re considering filing for divorce in Oklahoma, it’s important to approach the process with careful planning and preparation. Divorce is often complex, both legally and emotionally, and ensuring you’re well-prepared can make the process smoother and less stressful. Whether you’re just beginning to consider divorce or you’re ready to take the first steps, there are key actions you can take now to make the transition easier. Here are essential steps you should take before filing for divorce in Oklahoma in the new year.
1. Familiarize Yourself with Oklahoma Divorce Laws 
The first step in the divorce process is understanding the laws that will govern your case. Each state has its own set of rules for divorce, and Oklahoma is no exception. Some key points to remember:
- Residency Requirement: To file for divorce in Oklahoma, you or your spouse must have lived in the state for at least six months before filing. Ensure that you meet this requirement before proceeding.
- Grounds for Divorce: Oklahoma is a no-fault divorce state, meaning that you do not need to prove that one spouse is at fault for the divorce. The most common grounds for divorce in Oklahoma are “irreconcilable differences” or “incompatibility.”
- Property Division: Oklahoma follows the principle of “equitable distribution,” meaning that marital property will be divided in a way that is fair, but not necessarily equal. Factors such as the length of the marriage and each spouse’s contribution to the marriage can affect how property is divided.
Understanding these laws will help you set realistic expectations for what will happen during the divorce process. A family law attorney specializing in divorce cases in Oklahoma can provide you with more detailed advice tailored to your specific situation.
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2. Gather Financial Documentation
Divorce involves the division of assets and debts, which can have long-term financial consequences. Before filing, it’s important to gather and organize all financial documents related to your marriage. Key documents to collect include:
- Tax returns from the last three years
- Bank account statements (checking, savings, and investment accounts)
- Credit card statements
- Retirement and pension information (401(k), IRAs, pensions, etc.)
- Mortgage statements and property deeds
- Life insurance policies and beneficiary information
- Debts (student loans, car loans, personal loans, etc.)
Having a comprehensive understanding of your financial situation will help you during the negotiation phase of the divorce. It also ensures that you aren’t blindsided by financial issues that may arise later in the process. If you are unsure about what financial documents to gather, consulting with a divorce attorney or a financial advisor can provide you with the guidance you need.
Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.” - Roger Buchanan The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!" - Tiara Rich Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended." - Alicia Mayfield
3. Consider Your Children’s Needs
If you have children, one of the most important aspects of your divorce will be determining custody and visitation arrangements. The court’s primary concern will always be the best interests of the children, and it’s essential to begin thinking about how you will co-parent moving forward. Some things to consider include:
- Custody Arrangements: In Oklahoma, parents are typically encouraged to pursue joint custody unless there are significant issues that would make joint custody unfeasible. This includes both legal custody (the right to make major decisions about the child’s upbringing) and physical custody (where the child will live).
- Visitation Schedules: You’ll need to work out a schedule that outlines when each parent will have time with the child. While Oklahoma courts may suggest standard visitation schedules, they may also encourage you to come up with a plan that works best for your family.
- Child Support: Oklahoma has guidelines for child support, but the amount you may be required to pay or receive will depend on factors such as the number of children, the income of each parent, and the custody arrangement.
If you anticipate that child custody or child support will be a contentious issue, it’s crucial to consult with a family law attorney. A lawyer can help you understand how Oklahoma law will apply to your case and assist in negotiating a fair arrangement.
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4. Prepare for the Possibility of Alimony
Spousal support, or alimony, may be a consideration if one spouse earns significantly more than the other or if there is a significant disparity in earning potential. In Oklahoma, the court may award alimony to help the lower-earning spouse maintain a similar standard of living to what was established during the marriage. Some factors that can affect the award of alimony include:
- Length of the marriage: Longer marriages are more likely to result in an alimony award.
- Financial needs: If one spouse is unable to support themselves due to a lack of income or education, alimony may be awarded.
- Contributions to the marriage: The court will also consider each spouse’s contributions to the marriage, including homemaking and caregiving.
Preparing for the possibility of alimony will require a clear understanding of your finances and your spouse’s earning potential. If you think that alimony will be a factor in your divorce, discuss it with your attorney to ensure your interests are protected.
5. Create a Post-Divorce Financial Plan
Divorce will likely cause significant changes in your financial situation, and it’s essential to plan for your future after the divorce is finalized. Consider the following as you create your post-divorce financial plan:
- Budgeting: After divorce, you’ll have to adjust to managing a household on your own. Start by creating a budget that reflects your new financial reality.
- Dividing Assets: Understanding how your assets will be divided will help you know what you will have moving forward. If you are the recipient of a lump sum payment or retirement funds, make sure you know how that will be taxed.
- Retirement Planning: Your retirement savings may be divided as part of the divorce settlement. Understanding how your retirement accounts will be impacted is crucial, especially if you are relying on these savings for the future.
6. Seek Emotional Support
Divorce can take a significant emotional toll, especially if it involves a lengthy or contentious process. It’s important to seek emotional support as you move through this difficult time. Some ways to manage the emotional impact of divorce include:
- Therapy or Counseling: A licensed therapist can help you work through the emotional challenges of divorce. They can also help you navigate co-parenting issues and develop coping strategies.
- Support Groups: There are numerous support groups for individuals going through divorce, both in-person and online. Connecting with others who are going through similar experiences can be comforting and help you feel less isolated.
7. Consult with a Divorce Attorney
Before making any decisions about your divorce, it’s important to consult with an experienced divorce attorney. An attorney can provide you with advice on how to proceed based on the specific details of your case. Whether you’re planning to file for divorce or have already made the decision, an attorney can:
- Help you understand Oklahoma divorce laws and how they apply to your situation.
- Assist in gathering financial documents and making a plan for asset division.
- Represent your interests in child custody and support negotiations.
- Guide you through the divorce process, from filing to finalizing the divorce.
A knowledgeable attorney will be your advocate, ensuring that your rights are protected throughout the entire process.
If you are considering divorce in Oklahoma, starting the new year with a fresh approach can help ease the transition. By preparing financially, emotionally, and legally, you can reduce the stress and uncertainty that often accompanies divorce. Taking these crucial steps before filing for divorce will set you on the path to a smoother, more manageable process. Divorce is never easy, but with the right support and preparation, you can face this challenging time with confidence.
If you’re ready to take the next step and need guidance through the divorce process, Murray Law Firm is here to help. Contact us today for a consultation and take the first step toward your new beginning.