In Cherokee County, the divorce process can be initiated if you live in Oklahoma for at least 6 months and in the county for no less than 30 days before filing. Uncontested divorce in Cherokee County is more cost-effective and usually finalized faster than a contested one.
Steps for Filing a Divorce in Cherokee County
Every stage of the divorce process should be completed properly to avoid mistakes and delays in litigation. To divorce your spouse, you need to:
- Fill out the Petition and other forms.You can complete the forms on your own or with the help of an attorney or online document preparation service. In addition to compulsory forms required for every divorce case, spouses with minor children should also prepare child-related documents. If the divorce is uncontested, a couple can also complete a marital settlement agreement.
- Make copies of the documents and submit them to the district court.You will need 3 copies, which the court clerk will stamp. The original Petition will remain with the court, and the copies will be returned to you. When submitting the documents, you will need to pay the filing fee.
- Serve the spouse.You can deliver the Petition and Summons to the other spouse by certified mail, sheriff’s deputy, or private process server. This step may not be necessary if the spouse signs and notarizes the Entry of Appearance and Waiver of Service. This document should be submitted to the court no earlier than 24 hours after filing the Petition.
- Get a response or a counterclaim.After receiving a copy of the documents, the respondent should provide a response in 20 days, confirming they agree with the terms specified in the Petition or file a counterclaim.
- Wait until the waiting period is finished.For couples without minor children, the waiting period is 10 days. For couples with children, it will take 90 days. It starts from the moment when the divorce petition is filed with the court. During this time, if the issues of property division and custody have not been resolved yet, try to reach an agreement with your spouse. If you have children, the court may require you to visit parenting class.
- Attend the pre-trial hearing if necessary.A judge may schedule a pre-trial hearing if they consider it necessary. If you still have disputes with your spouse, you can involve the mediators, arbitrators, or other specialists who will listen to both parties and help you to find a compromise.
- Attend the final hearing.The judge will ask you if you have any unresolved issues and if you confirm your desire to terminate the marriage. If spouses have reached an agreement on property division, custody, visitation, etc., the court will incorporate their decisions into a decree. In case no consent is reached, the judge will make their own decision.
- Wait till the judge signs the divorce decree.After the judge puts their signature on the decree, and the document is filed with the clerk’s office, the marriage is considered dissolved.
These steps are generalized and may vary depending on your case. Contested or fault divorces may require not one but several hearings, which will increase the duration of the process.
What Cherokee County Forms Do I Need to File?
The divorce kit usually includes the mandatory forms such Domestic Relations Cover Sheet, Petition for Divorce, Financial Affidavits, etc. If you and your spouse have resolved all issues on custody, property division, etc., make sure to prepare other legal documents for Cherokee County divorce filing, such as Marital Settlement Agreement, Visitation Schedule, Custody Plan, Support Computation, etc.
If you decide to file for waiver divorce, you must also submit an Entry of Appearance and Waiver of Service to the court.
You can get forms required for a divorce process from a county court and prepare them on your own, hire a lawyer to help with the paperwork, or order online document preparation services.
Filing Fee for Divorce in Cherokee County
The court filing fee for divorce in Cherokee County is around $250 and may vary a bit in different courts. It is advisable to clarify the amount with the clerk’s office in advance. In addition, you will have to pay about $50 for serving the spouse with the filed documents.
Where to File for Divorce in Cherokee County
Several courts in the county deal with family-related matters, divorce in particular. You can choose the institution that is close to your place of residence. A list of Cherokee County divorce courts is provided below.
| Court Name | Court Address | Name of Clerk | Working Hours | Phone Number |
|---|---|---|---|---|
| Cherokee County District Court | 213 W Delaware St, Tahlequah, OK 74464 | Kristi Foutch | 8:30am-4:30pm, Monday-Friday | (918) 456-3171 |
| Cherokee County Courthouse | 213 W Delaware St, Tahlequah, OK 74464 | Kristi Foutch | 8:30am-4:30pm, Monday-Friday | (918) 456-3171 |
Cherokee County Divorce Lawyer vs. Online Divorce
You can deal with a divorce completely on your own, turn to online divorce services, or hire an attorney. The advantage of legal representation is that the lawyer will help prepare all the necessary papers and guide you throughout the divorce proceedings. However, divorce lawyers’ costs can reach several thousand dollars and more due to high hourly rates.
For this reason, many couples choose an online divorce service that is cost-effective and helps reduce stress related to preparing legal paperwork. By contacting such services, you can quickly get the ready-to-file forms that are court-approved and based on specific case details. These services usually cost up to $200 on average. Filing for divorce online is more suitable if you have an uncontested dissolution; for contested cases, using legal representation may be necessary.
Sophia Garcia is a marriage counselor and a professional writer. Over the past 10 years, she has helped numerous couples save their marriages and, when it wasn’t possible, divorce in a more peaceful way. Using her professional experience, Sophia has written hundreds of articles on relationships and divorce for blogs and magazines covering marital issues. In her free time, Sophia enjoys kayaking and mountain hiking.
