Filing for divorce in Oklahoma involves making personal and legal decisions that will affect your life for years to come. There are decisions that need to be made involving how assets and liabilities will be shared, how children will be cared for, and how to move on with your life. Here are the steps in the legal process of divorce. Beyond these steps in the divorce process in Oklahoma, there are personal decisions that also must be made.
The Petition And Response
One spouse, the “Petitioner,” must file a Petition for Dissolution of Marriage in the county in which you and your spouse live. The Petition provides the court with the names of all the parties and information regarding the children of the marriage.
This document must include the legal grounds or “reason” for divorce. These grounds or reasons can be divided into fault and no-fault grounds. Fault grounds include things such as adultery, while a no-fault divorce is grounded in incompatibility or irreconcilable differences.
Serving Divorce Papers In Oklahoma
All divorce papers filed by the Petitioner must be served upon the other spouse, now called the Respondent.
This is usually done by a process server who personally hands the documents to the person being served. The server notes the time and date of service of the papers upon your spouse on a proof of service that you can then submit to the court.
When that is not possible, you can serve the documents by “publication” of a notice about the divorce proceeding in the locality in which your spouse lives. To do this, you must have made a reasonable effort to have the papers personally served upon your spouse and submit a declaration to that effect.
Respondent’s Answer And Possible Counterclaim
Once served, the Respondent usually has 20 days to file a responsive pleading to your petition, usually called an answer. An answer “answers” or responds to each allegation made in the divorce petition, agreeing or disagreeing with each allegation.
The Respondent may also file a counterclaim against the Petitioner if they are making other allegations against the Petitioner. A counterclaim raises new issues and allegations against the other spouse. This can include things such as custody of the children, alimony, or the characterization or inclusion of property in the marital estate. These responding documents must also be served upon the Petitioner.
If you file nothing in response, the court may grant your spouse everything that they request in the petition.
Automatic Temporary Injunction
The filing and service of the Petition for Divorce triggers an immediate temporary injunction that freezes all marital assets other than regular day-to-day expenditures. This prevents either party from taking, selling, encumbering, concealing, or disposing of any marital property, retirement accounts, or insurance policies without the written consent of the other party or an order from the court.
The temporary injunction also covers temporary support and child custody. It prohibits parents from taking or hiding their children.
Quick Divorce In Oklahoma And Waiting Periods
If no children are involved and you and your spouse agree about asset and liability division, you can get a divorce in Oklahoma in as little as 10 days after filing the paperwork. A Marital Settlement Agreement reflecting their agreement about asset and liability division must be drawn up.
For those with children, Oklahoma courts mandate a 90-day waiting period from the filing of the petition before issuing the final order. This is to give spouses with children a “time out” to see if they can work their differences out short of divorce. Okla. Stat. tit. 43 § 107.1
The 90-day period can be waived if:
- neither spouse objects to the waiver or
- both spouses have already attended marital counseling and the court determines, for “good cause shown” that it is unlikely the couple will reunite.
Possible Temporary Orders
A Tulsa family court may also make other temporary orders upon an application by either party. These temporary orders usually require a hearing. These orders may include:
- temporary child custody, visitation, and support;
- possession of the family home during the divorce;
- the management of bills and other assets; and
- spousal support.
The court will try to ensure that the children continue to have regular contact with both parents.
Discovery During Tulsa Divorce
When spouses disagree about the handling of assets and liabilities, there are tools that can be used to have each side produce documents, answer questions, and reveal assets.
These tools include the following:
- Interrogatories: written questions to which a party must provide written answers.
- Requests for production of documents and other evidence.
- Depositions: recorded testimony taken under oath.
- Requests for admissions that certain facts be admitted as truthful.
All these tools can be used to establish facts and narrow issues as you move toward finalizing your Tulsa divorce.
Hearings In The Oklahoma Divorce Process
A hearing is a court proceeding in which some matter, whether procedural or substantive, is presented and decided upon. Each county has its own local rules and requirements regarding hearings.
Because courts are congested, it is easier to get a hearing on matters of the utmost urgency such as domestic violence, child custody or support, or on matters that require less time to present. Hearings vary quite a bit from judge to judge. Some require formal presentations of evidence; some are less formal.
Custody, Support, And The Parenting Plan
When parents can agree on custody, the court will often order the custody as requested by the parents if it is in the best interests of the child. Okla. Stat. tit. 43 § 112
Custody is awarded in a way that assures the frequent and continuing contact of the child with both parents.
Physical custody pertains to where the child lives. It is joint custody if the child resides part of the time with one parent and part of the time with the other parent. If it is sole custody, the children live with one parent (custodial parent) and the other parent (non-custodial parent) retains visitation rights.
Legal custody (joint or sole) refers to the question of which parent makes the major decisions regarding the children.
Child support in Oklahoma is a complicated subject but is determined by statutory guidelines. Okla. Stat. tit. 43 § 118
Both parents’ income along with other allowable necessities such as housing, food, daycare, and medical and dental insurance are plugged into a calculator to determine a guideline child support number. Adjustments to the guideline calculation are possible. Okla. Stat. tit. 43 § 118E
If either parent requests joint custody of the children, Oklahoma courts require that the parents submit a parenting plan to the court. The plan must cover:
- where the children will live and when (a parenting schedule);
- the handling of medical and dental insurance and healthcare;
- how child support will be handled;
- a visitation schedule; and
- school and other extracurricular activity locations.
Settlement Negotiations And Mediation
Oklahoma divorce cases often have contested issues that must be settled, mediated, or litigated at a hearing or trial. The question is not will the issues be settled, but who will do the deciding. If you and your spouse can settle matters, you have much more control over the divorce than if a judge rules on the issues.
Settlement negotiations and mediation are used to resolve matters. A mediator is experienced at bringing two sides together to resolve their issues. If you and your spouse can not agree, the case will go to trial.
The Divorce Trial
Before a divorce trial, the court will determine what issues must be resolved at trial, will choose the trial’s format, and will determine what evidence will be admissible and inadmissible at trial. Trials take several days and are expensive. Your Tulsa divorce lawyer will need to prepare trial briefs, evidence, subpoena witnesses, and interview witnesses.
At the end of the trial, the judge will rule on the outstanding issues. The case is then ready for a final decree of divorce.
The Oklahoma Divorce Decree
Once everything is settled in your divorce, you can get a final divorce decree. The Oklahoma divorce decree includes the date on which your divorce is final. It also may include other dates by which certain things will have to have been completed by the spouses, such as removal of personal items from the family home.
It is important that you read, understand, and abide by its terms. If you do not abide by its terms, your ex-spouse can bring a motion before the court to make sure that you adhere to the court order.
The decisions you make now will affect your life for years to come. Get the help you need.
Free Consultation With A Tulsa Divorce Attorney
When marriage plans unravel, get the best legal counsel available. Don’t go it alone. Get an experienced, reliable Tulsa divorce attorney on your side.
A no-cost initial consultation can help determine whether the Divorce of Tulsa Law Office can provide the best Tulsa divorce lawyer for your family law matter. For a free confidential consultation, call 918-924-5526 now.
