How do I file for divorce, what papers do I need, where do I get the paperwork?
Answer: Divorces may be filed in the Court Clerk's Office. Oklahoma is a non-form state. The Court Clerk's Office does not provide divorce papers. They may be obtained through a legal service or an attorney. The only papers available for divorce are the waiver and summons.
Summons Form should be printed and completed in blue or blank ink by the Petitioner and returned to the Canadian County Court Clerk's Office. The form will be issued by the Court Clerk's Office upon filing Petition. You may obtain service by process server, sheriff, or by certified mail.
Entry of Appearance Waiver
Entry of Appearance Waiver and Waiver of Automatic Temporary Injunction should be printed and completed in blue or black ink. This document shall not be signed by the Respondent until 24 hours after the Petition has been filed by the Petitioner.
Requirements for Filing Divorce
Any divorce with minor children requires both parents attend and complete a parenting class.
You must provide to the Clerk's office for filing:
One original and two copies of the required paperwork needed for filing.
These forms may be obtained from an attorney.
- Paternity with custody - $249.64
- Paternity with out custody- $151.64
- Divorce and Paternity Foreign Judgment - $151.64
- Divorce with minor children - $249.64
- Divorce without minor children - $249.64
- Legal Separation - $249.64
- Annulment - $249.64
- Summons Fee: $10.00 plus service (which may be obtained by process server, sheriff, or certified mail-these fees may vary depending on type of service chosen).
The following may assist in divorce proceedings:
Title 43 State Statute 107.1
In divorces where minor children are involved, the court shall not issue a final order for at least ninety (90) days after the case is filed.
Title 12 State Statute 2004
Service by publication shall not be less than 41 days from the first day of publication.
Court Rule 27
No divorce, separate maintenance or annulment case shall be heard unless the petition has been on file for at least ten (10) days in cases where no child is involved. The waiver must have been signed and acknowledged and filed at least one (1) day after filing of petition.