Which spouse files divorce first in Oklahoma does not typically have a significant legal impact on the outcome of the case. Oklahoma is a “no-fault” divorce state, which means that either party can file for divorce without having to prove fault or wrongdoing by the other party. The grounds for divorce in Oklahoma include incompatibility, which essentially means that the marriage is irretrievably broken.
Some Practical Considerations:
- Control over the Process: If you are the first to file you may have some advantages on the edges. By filing first you may be able to control the tone and timing of the divorce. There maybe a timing consideration when it comes to child custody or in deciding who is going to reside in the marital residence during the pendency of the divorce.
- Choice of Venue: The spouse who files divorce first in Oklahoma may have some control over the choice of venue (county) where they will hear the divorce case, depending on where they file. Venue rules in Oklahoma require that to file the divorce in the county you must reside there for 30 days.
- Preparation Time: The spouse who files first typically has more time to prepare for the divorce process, including gathering necessary documents and consulting with an attorney. As a general rule if you are facing a divorce or separation its critical to gather all financial information before you file. This includes taxes, mortgages and bank statements.
- Temporary Orders: The spouse who files first may have the opportunity to request temporary orders related to child custody, support, or other matters while the divorce is pending.
Other Concerns Related To Divorce in Oklahoma
Overall, while there may be some minor advantages to filing for divorce first, it usually does not significantly impact the outcome of the case. The most crucial factors in a divorce proceeding are often related to the specific circumstances of the marriage, such as the division of assets, joint or full child custody arrangements, and spousal support, rather than who initiated the process.
Tulsa Divorce Attorneys You Can Count On
Which spouse files divorce first in Oklahoma may matter under certain circumstances but generally the end result is not really impacted. With all the things involved with a divorce its understandable that you want to get the very best result for you and your family. Get a Free consultation with one of our Oklahoma family law attorneys at Tulsa Divorce Attorneys and Associates 539.302.0303