Understanding the Court Process in an Oklahoma Divorce
Getting divorced is never easy, and for many people, the idea of repeatedly appearing in court can make the process seem even more daunting. A Tulsa divorce attorney is often asked by clients who are considering filing for divorce in Oklahoma “how many times you will need to go to court?” While each divorce case is different and the number of court appearances can vary based on several factors, there are general guidelines to help you understand what to expect.
This blog will walk you through the typical court processes involved in an Oklahoma divorce, the factors that could increase or decrease the number of court appearances, and what steps you can take to minimize your time in court.
The Divorce Process in Oklahoma
Oklahoma is a no-fault divorce state, meaning that you do not have to prove wrongdoing on the part of your spouse to file for divorce. The most common grounds for divorce in Oklahoma are “irreconcilable differences,” which indicates that the marriage has broken down and cannot be repaired.
While some divorces are resolved amicably and without much need for court intervention, others may be more contentious, requiring several court appearances to resolve disputes over property, finances, child custody, or spousal support. To better understand how often you might need to go to court, let’s break down the general steps in the Oklahoma divorce process.
Step 1: Filing the Petition for Divorce
The first step in getting divorced is filing a petition for dissolution of marriage. This petition, typically prepared by your Tulsa divorce attorney, is a legal document that outlines your desire to end the marriage and the grounds for the divorce. After the petition is filed with the court, your spouse will be served with divorce papers.
In most cases, you do not need to appear in court just to file the petition. However, if your spouse is uncooperative or refuses to respond to the petition, you may need to go to court to request alternative service methods or resolve other procedural issues.
Step 2: Temporary Orders Hearing(s)
After the petition is filed, you may need to request temporary orders if there are immediate issues that need to be addressed, such as child custody, child support, or spousal maintenance (also known as alimony). Temporary orders are court rulings that provide short-term solutions until the final divorce decree is issued.
If you and your spouse cannot agree on these temporary matters, one or more court hearings may be necessary. During this hearing, a judge will listen to both parties and make decisions on matters that will affect your life while the divorce is pending. If you and your spouse can agree on temporary arrangements, a court appearance may not be required, and your Tulsa divorce attorney can submit a stipulated agreement on your behalf.
Step 3: Discovery and Negotiation
After the initial petition and temporary orders, the divorce process enters the discovery phase. This is when both parties gather and exchange information regarding assets, liabilities, income, and other financial matters. Discovery may also involve gathering information relevant to child custody or other important decisions.
During this phase, court appearances are typically not required. Instead, much of the work happens behind the scenes as your Tulsa divorce lawyer attempts to negotiate a settlement. If you and your spouse can come to an agreement on all matters, you may be able to finalize the divorce without having to go to trial.
Step 4: Mediation and Settlement Conferences
Oklahoma courts encourage couples to resolve disputes outside of the courtroom whenever possible. In Oklahoma, mediation is one tool often used to help divorcing spouses reach agreements on contentious issues such as property division, child custody, and alimony. A neutral third-party mediator works with both spouses to find common ground.
In many cases, mediation can prevent additional court appearances by helping couples settle their disputes without a judge’s intervention. However, if mediation is unsuccessful or one party refuses to compromise, the divorce may proceed to trial, which will require further court appearances.
Step 5: Pretrial Conferences
Before a divorce trial takes place, the court may schedule a pretrial conference. During this conference, the judge will review the case to determine if a settlement can be reached or if there are any issues that need to be addressed before trial. Both parties and their divorce attorneys typically attend the pretrial conference. The goal is to streamline the case and, if possible, resolve any remaining disputes without the need for a trial.
If all issues can be settled during the pretrial conference, the divorce may be finalized at this stage, sparing both parties from further court appearances. However, if significant disagreements remain, the case will proceed to trial.
Step 6: The Divorce Trial
If negotiations and mediation fail to resolve the issues in your divorce, the case will go to trial. This is where both parties present evidence and arguments before a judge, who will make decisions on matters such as property division, child custody, and support. The length and complexity of the trial can vary depending on the number of unresolved issues and the amount of evidence presented.
Divorce trials can require multiple court appearances, especially if the case involves complex financial matters or contested child custody. In most cases, however, a divorce trial will be the final stage of the process, and once the judge issues the divorce decree, your case is concluded.
Step 7: Finalizing the Divorce Decree
After the judge has made rulings on all the issues in your divorce, a final decree of dissolution of marriage will be issued. In some cases, this may happen immediately after the trial, while in others, there may be a delay before the decree is signed.
Once the decree is issued, you may need to attend a final court appearance to review the terms and ensure that both parties understand the judge’s orders. After this appearance, your divorce is considered final, and you will not need to go to court again unless there is a post-divorce dispute that requires further legal action.
How to Minimize Court Appearances in an Oklahoma Divorce
While it’s impossible to predict exactly how many times you will need to go to court during your divorce, there are steps you can take to reduce the number of court appearances:
- Hire an experienced Tulsa divorce attorney: A knowledgeable Tulsa divorce attorney can help you navigate the legal process efficiently and negotiate favorable outcomes, which can prevent unnecessary court hearings.
- Consider mediation: Mediation is a great way to resolve disputes outside of court, which can minimize the need for a lengthy trial.
- Be willing to compromise: The more issues you can settle with your spouse outside of court, the fewer court appearances you will need to make.
Consult with a Tulsa Divorce Attorney Today
In Oklahoma, the number of times you will need to go to court during your divorce will depend on the specifics of your case. While some divorces are resolved with minimal court involvement, others may require multiple appearances due to contested issues. By working with an experienced Tulsa divorce attorney and exploring alternatives like mediation, you can minimize your time in court and move forward with your life more quickly.
If you’re facing a divorce, contact a divorce attorney in Tulsa at the Divorce Law Office of Tulsa at 918-924-5526 to speak with one of our experienced Tulsa divorce attorneys.