OKLAHOMA STANDARD DIVORCE PROCESS

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OKLAHOMA STANDARD DIVORCE PROCESS


NO TWO CASES ARE EXACTLY ALIKE; HOWEVER, THE MAJORITY OF
OKLAHOMA DIVORCE’S FOLLOW THIS FRAMEWORK.

PETITION FOR DIVORCE FILED
LEGAL PLEADING THE BEGINS THE DIVORCE PROCEEDING. IT IS FILED WITH THE COURT CLERK IN THE APPROPRIATE COUNTY.
SETTLEMENT AND DIVORCE FINAL
DISCOVERY EXCHANGE
DISCOVERY IS THE PROCESS THAT ALLOWS BOTH PARTIES TO EXCHANGE QUESTIONS (“INTERROGATORIES”); REQUESTS FOR ADMISSIONS AND DOCUMENTS, WHICH IS INTENDED TO HELP THE PARTIES REACH A RESOLUTION BY UNCOVERING CRITAL INFORMATION ABOUT YOUR CASE AND YOUR SPOUSE’S CASE. DEPOSITION ARE SOMETIMES TAKE AS WELL.
SERVING YOUR SPOUSE
THE SUMMONS AND PETITION MUST BE SERVED ON YOUR SPOUSE TO FORMALLY INITIATE THE DIVORCE PROCEEDING.
MEDIATION
BOTH PARTIES AND THEIR ATTORNEYS MEET WITH A NUETRAL 3RD PARTY, TYPICALLY AN EXPERIENCED FAMILY LAW ATTORNEY, IN AN EFFORT TO REACH AN AGREEMENT ON ALL ISSUES WITHOUT A CONTESTED TRIAL.
SPOUSE’S ANSWER DUE
THE PARTY SERVED HAS 20 DAYS TO RESPONSE OR ANSWER THE SUMMONS AND PETITION FOR DIVORCE. HE/SHE MUST ADMIT OR DENY YOUR CLAIMS AND MAY ASSERT HIS/HER OWN CLAIMS AND DEFENSES. YOUR SPOUSE CAN FILE THIS WITH OR WITHOUT AN ATTORNEY.
SETTLEMENT CONFERENCE
SOMETIMES THE COURT WILL ORDER A SETTLEMENT CONFERENCE, IF THE JUDGE BELIEVES A CASE EVALUATION MAY ELIMINATE THE NEED FOR TRIAL.
TEMPORARY ORDER HEARING
THIS IS THE FIRST OPPORTUNITY TO SEEK A RULING FROM THE COURT ON THE ISSUES IN YOUR DIVORCE CASE.THE TEMPORARY ORDERS GRANTED BY THE COURT MAY POINT TOWARDS THE OUTCOME AT TRIAL, WHICH IS PART OF WHY THIS PHASE IS SO IMPORTANT.
IT WILL LIKELY BE SIX TO TWELVE MONTHS BEFORE YOUR CASE GOES TO TRIAL. TYPICALLY, AT TRIAL THE PARTIES HAVE BEEN UNABLE TO RESOLVE MULTIPLE ISSUES IN THEIR CASE; DESPITE GOING THROUGH THE STEPS ABOVE. THE COURT’S DECISIONS AT TRIAL ARE BINDING. DIVORCE TRIAL

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