If you need to file for divorce in Oklahoma, your first step should be to talk to a Tulsa divorce attorney. Even if you and your partner agree on all issues.
Only a lawyer has enough experience to see likely trouble points in your divorce agreement and propose remedies.
Here is what you must do to file for divorce in Oklahoma.
First Steps
First, ensure all residency requirements are met.
You or your spouse must have lived in the state of Oklahoma for at least six months and in the county where you file for divorce for 30 or more days.
It does not matter if you file in the county where you live in or where your spouse lives so long as the residency requirements are met.
Next, you or your attorney file for a “Petition for Dissolution of Marriage” in the appropriate county court.
The third step involves informing your spouse of your intentions by serving them with the divorce papers. You can use a process server, or you can serve them by publication of a legal notice.
Discovery and Divorce in Oklahoma
The discovery step is next.
Here, your attorney meets the other side and exchanges crucial information relevant to the divorce. All issues are identified, such as assets and particularly those in dispute. Witnesses are also revealed.
Vital information is exchanged, such as bank and credit card statements, healthcare information, and tax documents. Questions on all issues are raised for the other side to respond to at this stage.
Matters are speeded up during this stage if both sides respond in a timely fashion to issues raised and provide accurate, up-to-date information. Third parties are at times involved in getting the information needed from the other side.
What’s Next?
Discussions are then held, and it is determined where there is agreement. If you and your spouse agree on all issues in your divorce, you can go ahead and finish up the divorce settlement agreement and file it.
The next step involves the issuance of an automatic temporary injunction that freezes all marital assets against everything expect ordinary living expenses until the divorce is settled. The interim order takes care of everything about the divorce, such as who stays in the house, where young children remain, and so on.
If there are contentious issues, your lawyer could meet with the other side for mediation talks. This is a preferred option compared to going for a trial as both sides have more control of the issues involved. The mediator selected during this stage must be acceptable to both sides to increase the chances of success during talks.
The Final Steps
In case no agreement is reached in the mediation stage, the matter goes to trial.
Depending on what is contentious, this step may involve a few court appearances or may span over a few years if there are sensitive issues involved, such as children who are still minors and property.
After a settlement has arrived at that has to be accepted by both parties, the final divorce decree is issued.
As you have probably realized by now, the divorce process can be quite long. Do not go down this road alone. Talk to a divorce lawyer in Tulsa, OK, and let an expert take your side in the divorce process.
Initial Strategy Session: Tulsa Divorce Attorney
Don’t rush into accepting a divorce in Oklahoma agreement without having a knowledgeable and experienced attorney represent your interests in the discussions. Allow yourself to get an agreeable divorce settlement agreement that tackles all issues appropriately.
Let an objective third party step in and ensure you do not wind up with more problems than you bargained for or the dirty end of the stick.
For a no-obligation initial consultation on all matters regarding your divorce, call Seventh Street Law Firm’s Tulsa attorney at 918-932-2777.
If you prefer e-mail correspondence, please send your question or inquiry using the form at the right side of this page.