New Law in Oklahoma Expedites Custody Hearings – A Win for Communication and Timeliness
Starting November 2024, a new law in Oklahoma will streamline the process for obtaining temporary order hearings in family law cases, including divorce and custody matters. This change is a significant step forward, particularly for families in Oklahoma County and Tulsa County, where delays in scheduling hearings have been common.
Under the new law, Title 43, Section 110, individuals filing for temporary orders in divorce, legal separation, or paternity cases are now guaranteed a hearing within 30 days. For cases involving allegations of domestic violence or abuse, the hearing must be set within just 10 days. This expedited timeline ensures that critical decisions regarding custody and visitation are made more quickly, allowing families to move forward with greater clarity.
The Temporary Order Hearing: A “Mini-Trial” that Can Shape Your Case
In family law cases, the temporary order hearing is often considered a “mini-trial.” While it may not be the final decision in your case, the outcome of this initial hearing can have a significant impact on the direction of the entire process.
During this hearing, both parties present evidence, witnesses testify, and arguments are made. The judge will then make important interim decisions about custody, visitation, child support, property, and sometimes even spousal support, until a final resolution is reached.
Why Success Matters at This Stage
Winning or losing at the temporary order hearing is not just about the immediate orders—it can set the tone for how your case progresses. A favorable temporary order can give you a strong advantage, particularly in custody matters, as it establishes a pattern that might influence future rulings. It can also show the court that you are prepared and serious about your case, which could positively affect your credibility in the long run.
A favorable temporary order establishes a timeline and routine for the next few months. Temporary spousal support can be also awarded at the temporary order hearing, especially for a spouse who has not traditionally worked during the marriage. Your attorney can request the judge to decide which party is responsible for which monthly household expenses, which provides clarity and routine for the immediate future, so you can focus on what matters most.
Because these orders are often in place for several months before a final resolution, ensuring that you start strong can have a lasting impact on the outcome of your divorce or custody case.
At this stage, clear, concise communication with the court is crucial—making sure your case is presented effectively can lead to a more favorable resolution down the line.
Why Working with an Experienced Oklahoma City Family Law Team is Essential for Success
The temporary order hearing, while an expedited process, requires careful preparation to ensure the best possible outcome. Working with an experienced Oklahoma City family law team can be the difference between a favorable ruling and a missed opportunity.
At this early stage, there’s little time to waste. In many cases, the temporary order hearing is scheduled within 30 days (or just 10 days for cases involving domestic violence or abuse). This means your attorney will need to work quickly to gather and organize evidence, prepare exhibits, and develop a clear strategy that effectively tells your story to the court.
Time to Prepare Matters
An experienced family law team will help you identify and present the most relevant evidence—whether it’s financial documents, communication records, or witness statements—so that you have a solid foundation for your case. Preparing exhibits ahead of time, and knowing what to present at the hearing, is essential for making a strong impression on the judge. Your attorney’s experience will also ensure that these exhibits are admissible and presented in the most compelling way possible.
What’s next?
If you are facing a family law issue in Oklahoma City or surrounding areas, including a divorce or custody dispute, this new law could make a significant difference in your case. Having a knowledgeable attorney who understands how to navigate these new timelines is crucial.
Reach out to our office at (405) 657-2323 to schedule a free case strategy session. We’re here to help you communicate effectively with the court and ensure that your temporary order hearing and the rest of your case move forward with your best interests in mind.
