Filing for divorce in Oklahoma can be tricky. All divorce filings in Oklahoma are subject to both state and local court laws and requirements. State law governs the substance of what a divorce filing must contain. State and local court laws govern the procedure around filing and serving divorce papers and just about every other aspect of handing an Oklahoma divorce.
Knowing the laws and how they apply are critical to having the court accept papers for filing. When mistakes are present in the paperwork, court clerks will not file them.
Therefore, having an experienced Tulsa divorce attorney on your side from the initial filings through to the conclusion of your divorce not only makes the process run more smoothly, but also it gives you peace of mind at every step that someone is on your side.
Filing For Divorce: The Divorce Petition
Filing for divorce in Oklahoma requires the preparation of a Petition for Divorce. Oklahoma uses one type of petition form if children are involved and another form if they are not.
The form must include information regarding the names of the spouses and where they live, the date of the marriage, the alleged grounds that are the basis for the divorce, and the names and ages of any children of the marriage. In addition, the petition must allege that allegations regarding any separate property and marital property belonging to the spouses and any request for alimony.
If children are involved, the petition goes into more detail. Besides the names and ages of the children, the petition must make a request regarding custody, indicate whether the wife is pregnant, make a request for child support, and indicate whether the parents have received any support from the Oklahoma Department of Human Services (DHS).
A Petition for Divorce is a verified pleading. That means that the person signing the pleading is attesting to all facts it contains as being true under penalty of perjury. Courts take this requirement seriously.
Other Forms That Must Be Included
In addition to the Petition for Divorce, a Summons, a Notification of Automatic Temporary Injunction for the Respondent, and a Civil Cover Sheet must be prepared.
The Summons and Notification of Automatic Temporary Injunction will have the case name and number. It will order that your spouse file their Response to the Petition within 20 days and serve it on the Petitioner.
The Notification of Automatic Temporary Injunction contains information about what the spouses may and may not do with regard to finances, property, and any children of the marriage.
The Petition is filed in the county in which you and your spouse live. The court clerk assigns a case number to these documents.
Then, all of these documents must then be served upon the respondent. Once served, the respondent has 20 days to file their response. Once that is completed, discovery may begin.
It is important to know that no two divorces are the same. Timelines, disputes, settlement agreements, custody, and support are different from divorce to divorce.
Your divorce will involve making decisions that will affect your life for years to come. Therefore, it is important that you have someone on your side to help you understand the impact of these decisions so that you can help yourself and your family move through this process as smoothly as possible. Talk to an experienced Tulsa divorce attorney right away.
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.
