Navigating an Oklahoma Divorce
Managing the complexities of divorce in Oklahoma entails understanding the legal framework and following specific procedures outlined by the state’s laws. Even amicable divorces can have unexpected complications. It can help to understand what you will be facing. Here’s a comprehensive guide to Oklahoma divorce laws and procedures to help you through the process. Be sure and consult with an experienced Tulsa divorce attorney who you trust to guide you with knowledge of the law and an understanding of your needs and goals.
Initiating the Divorce Process
The first step in Oklahoma divorce law is initiating the process by preparing, filing, and serving a Petition for Dissolution of Marriage. This document must be filed in the county where you and your spouse reside. It must include the legal grounds for divorce, which can be categorized as fault (e.g., adultery) or no-fault (e.g., incompatibility).
Serving Divorce Papers
Divorce papers filed by the petitioner must be served upon the other spouse, now referred to as the respondent. This is typically done by a professional process server, who personally delivers the documents. In cases where personal service is not possible, service by publication in a local newspaper may be pursued.
Responding to the Petition
Responding to a divorce petition is crucial. . The worst thing a responding spouse can do is nothing. Your spouse will have made certain requests of the court in the original filed petition. If you do nothing, the court may grant your spouse all that they request in the petition.
A responding spouse can file an answer, which addresses each allegation made in the petition, or an answer and a counterclaim, which introduces new issues and allegations against the other spouse. Failing to respond may result in the court granting the petitioner’s requests by default.
Automatic Temporary Injunction
The filing and service of a divorce petition trigger an automatic temporary injunction issued by the court. This injunction covers various aspects, including asset management, child custody, support, and expenses. Its purpose is to maintain the status quo until final orders are issued.
Waiting Periods and Quick Divorce
Oklahoma allows for expedited divorce proceedings, with a potential divorce decree obtainable in as little as 10 days after filing, provided there are no children involved, and both spouses agree on all terms. However, couples with children or those unable to reach agreements may face longer waiting periods. Okla. Stat. tit. 43 § 107.1 This time is intended to give spouses with children a “time out” to see if they can work their differences out short of divorce.
Temporary Orders
Temporary orders address urgent issues until they can be resolved through hearings or settlement. Okla. Stat. tit. 43 § 110. They may cover matters like residence, vehicle use, child custody, support, and visitation. They may also cover financial issues, preventing an angry spouse from taking or disposing of assets. It freezes all marital assets other than regular day-to-day expenditures and prevents either party hiding, selling, destroying, damaging, or using any marital property, retirement accounts, or insurance policies without the written consent of the other party or an order from the court.
Protective Orders
Protective orders, also known as restraining orders, are issued to prevent potential harm or restrain harmful behavior. While they can offer protection, they may also complicate divorce proceedings. Restraining orders can also be wrongly used as a tool to gain leverage in a divorce, complicating the coordination of parental duties for both spouses.
Hearings
Hearings are court proceedings where matters such as custody, support, and temporary orders are presented and decided upon. They vary in formality and focus depending on the judge and case specifics. Matters often set for hearing include child custody and support, parenting plan conferences, temporary orders, and scheduling and settlement hearings in contested divorces.
Parenting Plans
Parents seeking joint or shared custody must submit a parenting plan outlining various aspects, including living arrangements, healthcare, support, insurance, and visitation. The court reviews the plan, ensuring it aligns with the child’s best interests.
Child Custody and Support Determination
Courts decide issues of custody, support, and visitation based on the child’s best interests. Custody can be joint or sole, and support is determined according to statutory guidelines.
Custody can be sole or joint and is divided into two areas: physical and legal. Physical custody pertains to where the child lives. In joint custody, the child resides part of the time with one parent and part of the time with the other parent. In sole custody, the children live with one parent (custodial parent) and the other parent (non-custodial parent) retains visitation rights. Legal custody refers to the question of which parent makes the major decisions regarding the children.
Courts award custody in a way which assures frequent and continuing contact of the child with both parents.
Discovery Process
Discovery allows parties to gather important information from each other regarding relevant matters such as assets, using various legal tools like interrogatories, requests for production, depositions, and requests for admissions. This information is necessary to resolve all issues involved in the divorce.
Settlement Negotiations and Mediation
Settlement negotiations and mediation help resolve contested issues outside of court, offering spouses more control over the outcome. Matters that cannot be resolved by the parties will be resolved by the judge either in a hearing or in a trial.
Divorce Trial
In cases where settlement negotiations fail, unresolved issues are decided at trial. Before the trial, the judge will identify all matters that are still outstanding determine what evidence will be admissible and what evidence will be excluded, and choose the format to conduct the trial. Trials involve presenting evidence and arguments before a judge, who then issues rulings on outstanding matters. A trial can last several days and can be quite expensive. Your attorney will need to prepare trial briefs, evidence, and interview and subpoena witnesses.
Divorce Decree
Once all matters are settled, a divorce decree is issued, finalizing the divorce and outlining the terms and conditions of the settlement. This becomes an enforceable court order so it is important that you understand and adhere to its terms.
Navigating the divorce process in Oklahoma requires careful adherence to the state’s laws and procedures, making legal assistance essential to ensure the best possible outcome.
Free Consultation with a Tulsa Divorce Lawyer
Divorce is difficult. It can help to understand what you will be facing. A no-cost initial consultation can help determine whether Divorce of Tulsa Law Office can provide the best Tulsa divorce lawyer for your family law matter. For a free confidential consultation, call now: 918-924-5526.
