There is no doubt that logical steps need to be taken in order to obtain a divorce in Oklahoma City, OK. These steps may not always be taken in exactly the same order, but for the most part, they should be taken in order for a couple to be divorced.
The process of getting a divorce in Oklahoma City involves several steps. The first step is preparation. This includes meeting the residency requirements and making financial and personal preparations. The next step is actually filing for divorce. Once the papers have been filed, an automatic temporary injunction goes into effect. This injunction is put in place to protect both parties until the divorce is finalized. In addition to the automatic temporary injunction, temporary orders may also be issued. The next step is discovery, which is the process of gathering information about the marriage and assets. Once all the information has been gathered, the parties can try to reach a settlement through mediation or they can go to trial. The final step is the final decree, which is the legal document that officially ends the marriage.
Keep in mind that working with an experienced Oklahoma divorce attorney throughout the process is crucial.
Step 1: Preparing For the Divorce Process
One of the first steps entails determining what the process of divorce is like and how it will affect you. As part of this process, you should consider consulting with an experienced Oklahoma City divorce attorney. Each divorce is different and knowing what to expect can add peace of mind during a tumultuous time.
As part of this process, it is important to determine whether you or your spouse should file the petition for dissolution and where that petition needs to be filed. The petition is filed in the county in which you or your spouse reside.
Step 2: Filing For Divorce
It is important to have the petition for dissolution accurately filled out. The petition must provide the court with the names of all the parties and the names and ages of all children involved. It also must state the grounds upon which the dissolution is being sought. Oklahoma has both fault and no-fault divorce.
Once the petition is prepared and filed with the court, it must be served upon the other spouse. Service of process of these documents must follow the rules set forth under Oklahoma law. Once the other spouse has been served, a proof of service must be filed with the court showing when and how the spouse was served.
The responding spouse has 20 days to file a response to the petition and that response must be served upon the petitioner.
Step 3: The Automatic Temporary Injunction
The filing and service of the petition trigger what is known as the automatic temporary injunction. This injunction is issued in all divorce proceedings as a matter of course. It freezes all marital assets other than necessary day-to-day expenditures. It also prohibits both parties from taking, selling, encumbering, concealing, or disposing of any marital property, all retirement funds, and insurance policies without the prior written consent of the other spouse or an order from the court.
The automatic temporary injunction also prohibits either spouse from taking the children from the jurisdiction of the court for a protracted period of time and from concealing or hiding the children from the other spouse. This protects and normalizes the experience for the children involved as much as possible.
Step 4: Other Temporary Orders
In addition to the automatic temporary injunction, many parties to a divorce choose to ask the court for temporary orders to be put in place until the court can issue more permanent orders these. These temporary orders are meant to cover matters that the automatic temporary injunction does not cover.
Examples of other temporary orders often sought include such matters as spousal support, child support, and financial matters that must be handled that are not covered by the automatic temporary injunction. It is necessary to ask the court for the relief being sought. The court then conducts a hearing to ascertain the necessity of the relief sought. The hearing allows the other spouse to object and provide evidence as to why the relief should not be granted. If neither you nor your spouse can agree on these, you may need the help of an experienced divorce lawyer in OKC.
Step 5: Discovery
In the discovery process, both spouses may ask the other party for the production of certain documents, for information about income and expenditures, and for other types of information and documents that will be needed for the court two issue a final decree of divorce. Types of tools typically used in the discovery process include the request for the production of documents, interrogatories, requests for admissions, and deposition testimony.
Step 6: Resolution
Once discovery is complete, the parties can move on to resolution. Resolution includes such things as settlements of disputed matters, and mediation, which is a type of structured settlement negotiation and trial. Divorce courts are often backlogged and trials can take an inordinate amount of time and money. Therefore many couples opt for either settlement or mediation to resolve matters that are disputed between the two parties.
If a trial is necessary, the court will issue orders for a pretrial conference in order to narrow the issues that will be handled at trial and to discuss what evidence will be admitted and what evidence will be inadmissible. The court may also attempt another round of settlement negotiations at this juncture to see if matters can either be narrowed at trial or fully resolved. At trial, the court will decide all outstanding matters.
If the couple is in agreement regarding all issues, they or their attorneys can prepare a Marital Settlement Agreement regarding the division of property, assets, debts, and issues regarding the children and possible support. When couples are in agreement, a divorce can be finalized quickly. Otherwise, one or both parties may ask the court for temporary orders covering the duration before a final OKC divorce decree. An OKC divorce lawyer can help you ask for this order.
Step 7: The Final Decree
The settlement agreement, if a settlement has been successful, is then attached to the court’s order of dissolution. This order is the final decree. If the matter has gone to trial, the court’s decision with regard to all matters is then attached to the court’s order and becomes the final decree. Once the final decree is issued the parties are officially divorced.
Oklahoma uses guidelines for the calculation of child support. There are times when couples choose an amount of support that differs from the guideline amount. This must be reviewed and approved by the court.
Low-cost Consultation: Oklahoma City Divorce Attorney
Divorce is such a tumultuous time. Your decisions now will affect your life for years to come. The knowledge and experience of a skilled Oklahoma City divorce attorney provide the confidence you need to move forward.
We offer initial consultations at no cost. Discover how our family law expertise can help you through a difficult time. For a initial consultation with an able Oklahoma City divorce attorney, call the Divorce Law Office of Oklahoma City at (405) 880-8222 today. If you prefer e-mail, send us your question using the “Ask the Lawyer” form at the right side of this page.