What you can expect to happen during your Tulsa Oklahoma divorce will depend on whether you and your spouse are in agreement on the divorce and the division of marital assets.
Following are the basic steps that are required to obtain a Tulsa divorce.
Filing a Tulsa Oklahoma Divorce Petition
All Tulsa divorces begin by filing a petition for divorce in the district court in your county.
The petition is a legal document that sets forth information about you and your spouse, the reason you are seeking a divorce, and all other information that is needed by the court to consider your petition.
The most common reason, or grounds for divorce, are irreconcilable differences for both couples with and without children.
The petition must be accompanied by a summons so that the petition can be served to your spouse.
This means that steps must be taken to ensure that your spouse receives a copy of the petition so that he or she is aware that you are seeking a divorce and the specific requests that you are making including the division of marital assets and spousal support.
Your Tulsa Oklahoma divorce attorney will complete the petition in consultation with you and file it with the court.
Serving Your Spouse
There are several ways that you can serve your divorce petition on your spouse.
The method used by your Tulsa attorney to obtain service will depend on your particular circumstances.
In general, your spouse may be served by sending a copy of the summons and petition to your spouse by certified mail, or by asking the sheriff’s department or a private process server to deliver the summons and petition to your spouse in person.
Prior to filing your petition for divorce, you have the option of asking your spouse to sign a Waiver of Service of Process Form. In that case, the waiver should be given to your attorney so that it can be attached to your petition for divorce in place of a summons.
If you do not know where your spouse is residing and he or she cannot served by one of the above methods, the court may allow service by publication.
You must have exhausted all attempts to locate your spouse and your lawyer must submit an affidavit of diligent search to the court before this type of service will be granted.
Automatic Temporary Injunction
Once your petition has been filed with the court, an automatic temporary injunction goes into effect.
That injunction prohibits you and your spouse from disposing of or concealing marital assets unless you both agree unless it is done to pay a divorce attorney, necessities, or in the usual course of business.
Marital assets include the marital home, vehicles, investment properties and accounts, retirement and other financial accounts, and other property that has value.
Marital and Separate Property Lists
If you and your spouse have completed a property settlement agreement and attached it to your petition for divorce, this step is not required.
Within 30 days of the date that the divorce petition was filed, you must submit a list of separate personal property and marital assets along with supporting documentation to the court.
Supporting documentation bank statements, income tax returns, and proof of all debts. Your spouse must submit the list and documentation within 30 days of the date that he or she received the summons and petition for divorce.
Final Tulsa Oklahoma Divorce Decree
If your spouse signed a waiver of service, you may request an Agreed Dissolution of Marriage on or after the 11th day after your divorce petition was filed with the court.
If your spouse was served by other methods and does not respond within 20 days, you may request a Default Dissolution of Marriage on or after 21 days of filing the petition.
Note that additional steps may be required if you are not represented by a lawyer.
Free Consultation: Tulsa Divorce Attorney
Obtaining a Tulsa Oklahoma divorce without an attorney can be confusing and your petition could be dismissed for failure to follow the procedures set out by the court in your county.
If you are considering seeking a divorce, a Tulsa divorce attorney has the knowledge and experience to assist you with every aspect of obtaining your divorce.
Call the Divorce of Tulsa Law Office at 918-924-5526 today for a free consultation.
