Does it matter who files for divorce first in Oklahoma?

Does it matter who files for divorce first in Oklahoma?

Being the first to file divorce papers in Oklahoma doesn’t make or break your case. That said, there are some real advantages worth considering.

Venue selection and jurisdictional considerations
You get to pick where you file, provided you’ve lived there long enough. Some counties handle things differently – maybe Judge Smith in County A has a reputation for being more understanding about shared custody arrangements than Judge Jones in County B. That kind of thing matters.

Procedural advantages and courtroom dynamics
When you’re the one filing (we call you “the petitioner” in legal speak), you get the first crack at telling your story if things end up in court. Think of it like being the first person to explain your side of an argument – it doesn’t mean you’ll win, but at least you’re not playing defense from the start.

Interm relief and temporary orders
Here’s something practical: File first and immediately ask for temporary arrangements. Do you need to stay in the house, need some financial support, or establish a temporary custody schedule? You can get those balls rolling right away.

Practical considerations and preparation
Let’s be honest – when you decide when to file, you’ve got time to get your ducks in a row. You can:

  • Make copies of those tax returns
  • Get your bank statements together
  • Find a lawyer you like
  • Figure out your game plan

The “NO-FAULT” factor
Oklahoma judges couldn’t care less who filed first. It’s a no-fault state, meaning neither party gets bonus points for beating the other to the courthouse.

If you’re thinking about divorce, talk to a family law attorney. They’ll help you determine if any of these advantages matter in your situation.

This notice does not constitute legal advice and should not be construed as establishing an attorney-client relationship.