Oklahoma Divorce Forms
Many people ask: Where can I find free do it yourself divorce forms for Oklahoma? I have created this page, where I have posted free Oklahoma divorce forms (PDF) that you can use to file for divorce yourself, without an attorney. This page also contains instructions for how to use these forms, and how to file the forms in court.
Before you use these forms, several words of caution are in order:
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These forms are not a substitute for hiring an attorney. If you can afford an attorney, it’s best to use an attorney. Elsewhere on this site, I explain why it’s generally not a good idea to represent yourself in court. Even if your divorce is uncontested, it's best to have a lawyer. To see why, go to this post, and scroll down to "Do you need a lawyer for an uncontested divorce?"
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These are Oklahoma uncontested divorce forms. If your divorce is contested, you may need many court documents that are not available on this site.
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The fill-in-the-blank forms on this site will not work for every divorce case. These forms will work for some simple divorce cases, but not for others. In another post on this site, I criticize the firms that provide online, fill-in-the-blank forms for wills and estate planning. Many of the criticisms of fill-in-the-blank wills, also apply to fill-in-the-blank online divorce forms. Only an attorney can prepare divorce forms that are precisely tailored to meet your needs. If you believe these forms will not work for your case, consult an attorney.
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These are Oklahoma divorce forms; the forms here will not work for other states. Divorce laws are different in every state.
Free Oklahoma Divorce Forms, and Instructions for How to File Them
The first three documents you will need are:
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Petition
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Summons
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Civil Cover Sheet
The Petition
I’ve included two petitions here:
Select the form that is appropriate for your case, and fill it out. When you sign it, take it to a notary and have your signature notarized.
The Civil Cover Sheet
The Oklahoma court system has made this form available on its website. Click here and select the Civil Cover Sheet that is currently in effect. Fill this form out the best you can. This form asks for many details of information; it is extremely unlikely that you will know all of the information that the form requests. Very few people are able to provide all the information. That is not a problem; simply fill in the information that you do know, and leave the rest blank. Because hardly anyone ever fills in all of the information, the court clerk will accept the form if you leave some spaces blank.
Take the forms to the courthouse
Take the forms to the county courthouse. You should go to the courthouse in the county where:
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You have lived for the past thirty days, or
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Where your spouse lives.
Go to the court clerk’s office. File the petition, the summons, and the civil cover sheet. You should make several copies of each document. The court clerk will keep the original petition in the court records, and the clerk will stamp the copies and give the copies back to you. The clerk will give you back the original summons, and he will stamp this summons with the word “Original” in red. Keep this red-stamped original; you’ll need it later.
You will have to pay a filing fee to the court clerk. If you are unable to pay a filing fee, ask the clerk for a pauper’s affidavit.
The Decree
See if your spouse is willing to sign an agreed decree. I include two decrees on this site:
If your spouse is willing to sign an agreed decree, fill out one of the above forms, whichever is appropriate for your case. Sign the form, and have your spouse sign the form. If your spouse will not sign an agreed decree, skip down to “If your spouse will not sign an agreed decree” below.
If you have minor children, you will have to fill out a child support computation. The formula for computing child support is state-mandated, and it is based on how much each spouse earns, how much time each spouse spends with the children, and other factors. To create a child support computation, click here. Type in the data the site requests; the site will then generate a child support computation, showing how much child support you, or your spouse, has to pay. You and your spouse should sign this form too.
If you have minor children, you will have to decide whether you will have sole custody or joint custody. To understand the difference between sole custody and joint custody, click here.
If you and your spouse have joint custody, you will have to fill out a Joint Custody Plan, available here:
You must sign this Joint Custody Plan in the presence of a notary.
You do not need to fill out a plan if you have sole custody.
If you and your spouse are able to work out an agreement, the next step is to take a class called "Helping Children Cope with Divorce." This case is required for parents in most divorce cases, with children, in Oklahoma. Both you and your spouse must take this course. For more information on the Helping Children Cope with Divorce course, click here.
The final hearing
There will be a waiting period before the final hearing. If you do not have children, you will have to wait ten days after you file the petition before you can have a hearing. If you have children, you will have to wait ninety days after you file the petition before you can have a hearing.
When you are ready for the hearing, go back to the courthouse, and go to the court clerk’s office. Fill out the following two documents:
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The order to set for hearing - Form (at this point, do not fill in the date on the certificate of mailing)
Mail the motion to set for hearing, to your spouse.
Give the motion to set for hearing, to the court clerk, and ask the clerk to file it.
Give the order to set for hearing, to the court clerk, and ask the clerk to take the order to the judge. Ask the court clerk to call you when the judge signs the order. (Different counties handle this procedure differently. Ask the court clerk what your county does.)
When the court clerk calls you and tells you that the judge has signed the order to set for hearing, go back to the courthouse and pick up the signed order. Then, fill in the date on the certificate of mailing. File the original order with the court clerk, and ask the court clerk to make you a copy. Mail a copy of the order to your spouse.
When you go to the hearing
When you go to the hearing, take the agreed decree. If you have children, take the child support computation; if you have joint custody, take the joint custody plan too. Take several copies of each document. The judge will ask you a few questions about where you live and how long you have lived there, to determine that the court has jurisdiction. After the judge has asked you these questions, give the judge the decree, the child support computation, and the joint custody plan. If there are no problems, the judge will sign these documents and give them back to you. Take the signed documents down to the court clerk. The clerk will keep the original documents, and will stamp the copies with the date, and will also stamp the copies with a facsimile of the judge’s signature. The clerk will then give the copies back to you.
Your divorce is now final. Keep copies of all the documents, in a secure location.
If your spouse will not sign an agreed decree
If your spouse will not sign an agreed decree, you will have to serve the petition and summons on your spouse. You may serve these documents in the following ways:
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By the sheriff. Give the documents to the sheriff, and he will serve the documents on your spouse. Follow any instructions the sheriff gives you. After the sheriff serves your spouse, he should file a return of service, along with the red original summons, with the court clerk.
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By a licensed process server. Most courthouses keep lists of all licensed process servers in the county. Ask your courthouse who the licensed process servers in your county are. Call a process server and ask him to serve the documents on your spouse. After the process server serves your spouse, he should file a return of service, along with the red original summons, with the court clerk.
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By certified mail. Send a copy of the petition and a copy of the summons by certified mail. When you get the return receipt from the post office, file this return receipt, along with the red original summons, with the court clerk.
After your spouse is served
After your spouse is served, he/she has twenty days to file a response with the court clerk, and send the response to you.
If your spouse files a response, you have a contested divorce. Because the forms on this site are no contest divorce forms for Oklahoma, these forms will not work for a contested divorce. If you have a contested divorce, speak to an attorney.
If your spouse does not file a response within twenty days, your spouse is in default. You will be able to get a default judgment. However, if you have children, you will have to take a class called "Helping Children Cope with Divorce" before you can get a default judgment. For more information on "Helping Children Cope with Divorce", click here.
When you are ready to obtain a default judgment, fill out a motion for default judgment:
Also, fill out an order to set for hearing on default judgment
Take these documents to the court clerk.
Give the “motion for default judgment” to the court clerk, and ask the clerk to file it.
Give the “order to set for hearing on default judgment” to the court clerk, and ask the clerk to take the order to the judge. Ask the court clerk to call you when the judge signs the order. (Different counties handle this procedure differently. Ask the court clerk what your county does.)
When the court clerk calls you and tells you that the judge has signed the order to set for hearing, ask the clerk when the hearing is.
Before the hearing, fill out the decree. Fill out one of the following:
Because your spouse has not answered the petition, you will be able to fill in whatever you want on these documents.
If you have minor children, you will have to fill out a child support computation. The formula for computing child support is state-mandated, and it is based on how much each spouse earns, how much time each spouse spends with the children and other factors. To create a child support computation, click here. Type in the data the site requests; the site will then generate a child support computation, showing how much child support you, or your spouse, has to pay. Be sure to enter in the data accurately; if you intentionally lie on this form, you could be guilty of defrauding the court.
When you go to the hearing
When you go to the hearing, take the decree. If you have children, take the child support computation. Take several copies of each document. The judge will ask you a few questions about where you live and how long you have lived there, to determine that the court has jurisdiction. After the judge has asked you these questions, give the judge the decree, and the child support computation, if there is one. If there are no problems, the judge will sign these documents and give them back to you. Take the signed documents down to the court clerk. The clerk will keep the original documents, and will stamp the copies with the date, and will also stamp the copies with a facsimile of the judge’s signature. The clerk will then give the copies back to you.
Your divorce is now final. Keep copies of all the documents, in a secure location.
As noted above, these Oklahoma divorce forms will not work for every divorce, nor are the forms a substitute for qualified legal representation. If you would like to speak to a lawyer, contact us today.