In essence, a divorce in Oklahoma is somewhat like a lawsuit. Even if the parties to the divorce are in complete agreement and the divorce is amicable, one party must still sue the other party for divorce. In order to understand what a response and counterclaim are in Oklahoma divorce, it is helpful to understand what a Petition for Divorce is.
The Petition
When one party files a Petition for Divorce, the party is asking the court to end the legal union of two people. Marriage is a legal contract between two people as well as an emotional one.
Thus, there are a number of divorce steps in Oklahoma. Grounds (or reasons) for divorce are laid out in the petition. Legal grounds for ending a marriage run all the way from irreconcilable differences to adultery.
The petition also asks the court for other kinds of relief. It states certain facts regarding the marriage and asserts that those facts are true.
Sometimes, angry spouses will assert things in a petition that are not true. The other spouse’s response to these is important.
Oklahoma courts look both to the original petition and to a party’s response to determine how to proceed with the divorce.
The Response
The party who files the Petition for Divorce is called the petitioner. The respondent is the person who answers the petition is called the respondent.
A process server typically serves the respondent. The respondent must file a legal response to the petition within 20 days after being served.
The respondent files what is known as an answer to the petition. Every respondent must file an answer. An answer provides the respondent’s answer to the facts and claims being asserted by the petitioner in the petition.
The respondent can agree or disagree with each allegation.
But what does the respondent do if they want to make other claims or assertions against the petitioner?
The Counterclaim In Oklahoma Divorce
In that case, the respondent files a counterclaim. A counterclaim is an equivalent to the original petition.
A counterclaim may assert different grounds for the divorce. It may make different assertions of fact or ask the court for other remedies than those laid out in the original petition.
The answer and counterclaim if one is being filed must be filed with the court and personally served upon the petitioner. If a counterclaim is filed and served, the petitioner must respond to it within 20 days after being served.
Even in an amicable divorce, the respondent should file a response. If you file nothing in response, the court may grant your spouse all that they request in the petition.
As always, a qualified Tulsa divorce attorney is your best resource for case-specific advice.
Free Consultation With A Tulsa Divorce Lawyer
The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
