If you are planning on filing for a divorce in Oklahoma there are several steps you must complete before the court will recognize your case. You must first file a Petition for Divorce, sometimes labeled as Petition for Dissolution of Marriage. Note that either you or your spouse should live in the county in which the petition is filed.
In drafting the petition, all parties associated with the family filing for divorce must be accounted for, including children from both sides of the marriage. Another factor that must be detailed is the grounds on which the marriage should dissolved. However, modern Oklahoma law allows for “no-fault” divorce. In a no-fault divorce, grounds for dissolution of marriage can be as simple as irreconcilable differences, or incompatibility.
Keep in mind, a person who files for divorce is the “petitioner” and their spouse is considered the “respondent.” After the Petition for Divorce is filed, the petitioner serves the respondent with the petition. Court rules explain how someone must serve the opposing party, and courts expect a petitioner to have proof they have lawfully served the respondent. Courts require that you file proof of service certifying that you have lawfully notified respondents of the case.
But filing for divorce is just the first step in the process. If you file on your own, you need to be prepared to complete the process. If you are not confident you can navigate the court system to get the best outcome for you and your children, your best approach is to retain a qualified Oklahoma divorce attorney. Either way, you’ll need to know how the process works.
The next step in an Oklahoma divorce is normally a 10-day period during which the respondent may file a responsive pleading to the initial Petition for Divorce. If the respondent has been lawfully served and does not respond, the court may grant a decree based on the petitioners arguments and Oklahoma law. If they do respond, the petitioner must acknowledge the Respondent’s response.
Automatic Injunctions
Immediately following the filing and service of a Petition for Divorce, initiates a temporary injunction which freezes all assets associated with the marriage of the petitioner and respondent. The only assets excluded from being frozen are everyday expenditures. Once all assets are frozen, neither party may sell, dispose or destroy any property acquired through the marriage. This applies to retirement accounts and insurance policies as well. Before assets covered under the temporary injunction can be used by either party either the other party must agree or the party must obtain an order from the court allowing use of the assets.
Automatic injunctions also prohibit all parties from deleting or destroying any electronically stored communications and materials. The injunction prohibits each party from changing the beneficiary designation of financial accounts and documents.
If a problem arises with the responsive pleading, such as an attempt to contest an issue, a process called “discovery” begins. In discovery, parties — usually through their attorneys — ask and answer que about employment, finances, parenting, personal relationships or even marital issues related to the divorce.
However, if a person and their spouse come to an agreement regarding all of their issues, their attorney may prepare a marital settlement agreement concerning support, debts, assets, custody, and any other issues. The divorce process concludes in an official Tulsa divorce decree. Once both parties agree, the divorce is finalized. If they don’t agree, the court will hold a trial where contested issues are argued.
Temporary Orders
Tulsa family courts allow placement of temporary orders on either party after an application is submitted and approved usually via court approval. These orders may pertain to the temporary custody of children, visitation of children, and support of children. Other temporary orders may pertain to possessions of property such as a family home. Bill and asset management fall under temporary orders as well.
For children whose parents are divorcing, most Tulsa family courts will ensure that children maintain stable contact with each parent. Temporary orders often include requirements for child custody and child support until the court issues final orders.
Discovery Throughout the Divorce
Agreements concerning how assets should be divided are often disputed by determining what is marital property and what is separate property. This process of determining the difference between the two requires patience. One factor that plays a significant role in determining how either party came into possession of the property, however, the process may not be obvious as it seems.
Courts or either party may require additional information regarding property, which results in interrogatories or demands for the production of documents.
Spouses may exchange information regarding finances and debts. Disclosures such as bank statements and investment accounts are open for discussion also.
Final Decrees and Settlements
Coming to terms with a significant other during a divorce can be a grueling task, however, if both parties agree on most of their contentions the divorce process can be less expensive.
Child custody, visitation rights, and support are but a few of the agreements both parties must agree to. Agreements via direct contact between parties or through an attorney are viable. Liabilities like assets, property, and debt also need mutual agreement from both parties.
It is understandable that some issues may not be agreeable, in that case, Oklahoma calculates the appropriate amount of child support. Mediation may be called upon if both parties cannot resolve their grievances. Mediators help each party to resolve their issues, granted, a resolution is not guaranteed.
If the parties fail to reach an agreement, a trial must take place. In the case of a trial, both parties may present information supporting their claims. Where factual matters are in dispute, parties may request a jury trial. Most divorces do not go to trial, and of those, most are bench trials rather than jury trials. Juries may decide factual arguments, but only a judge can decide questions of law. In each case, a judge makes a final decision that results in a final divorce decree.
Initial Consultation With A Tulsa Divorce Lawyer
The process of filing for divorce requires time and patience; most people consider the task difficult as well. Yet the advice and counsel of a Tulsa divorce attorney can make the process simple and easy.
Place yourself in a position to get what you need in your divorce while avoiding unnecessary pitfalls of the Oklahoma legal system. Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a initial, confidential consultation with a divorce attorney in Tulsa, call 918-924-5526 now.