Note: Oklahoma is NOT a community property State. Oklahoma Divorce is an “Equitable “proceeding, a fair division of property and debt. Oklahoma is a no-fault state allowing a d
Oklahoma Divorce is an “Equitable “proceeding, a fair division of property and debt. Oklahoma is a no-fault state allowing a declaration of “Incompatibility”. There are at-fault “grounds” which allege fault of one of the partners. Among these “at-fault” grounds are Gross Neglect of Duty, Extreme Physical or Mental Cruelty, Abandonment for a Period of One Year, Adultery.
If you have one of the at-fault claims listed above, decisions in other Courts, such as Guardianship, Criminal or Protective Order, may become a part of your Divorce proceeding.
In most cases, fighting over Child custody is an excuse to hurt the partner. In too many cases, the children, the innocent, are harmed by their parents’ inability to sit down seek professional help to solve their issues or imagined differences, so that divorce proceedings become a battle ground and are extremely stressful and painful. An Oklahoma City Divorce Attorney will most certainly suggest you keep focused on the real issues and realize the children are definitely not at fault nor should be punished for parental disagreements. An Oklahoma City Divorce Attorney may suggest other professional help that may be useful for you and your partner as well as assisting your Oklahoma City Divorce Attorney’s goals.
Whichever you choose, be agreeable to change or fight to the bitter end, it is, in fact, a choice. Additional to an Oklahoma City Divorce Attorney, the availability of professional mediation, counseling and psychological assistance to families is amazingly available and affordable today, and the Judges love it.
The key to resolution, however, lies in the use of a good, and empathetic Oklahoma City Divorce Attorney, also known as an Oklahoma City Family Law Attorney. An Oklahoma City Divorce Attorney has the ability to see the big picture and the Divorce Attorney’s understanding of stress , can guide you through the maze of the legal issues, court appearances, legal demands for personal information, witnesses, and a large volume of paperwork. It is important that you respond in a positive way to the demands of your Oklahoma City Divorce Attorney. Prompt response to requests for information and an agreeable attitude to outside professional help if suggested, will be in your favor and result in a more successful outcome.
Choose an Oklahoma City Attorney from the list here and set an appointment for a meeting. Most if not all Oklahoma City Divorce Attorneys offer a no-cost initial consultation. At this intake meeting, your Oklahoma City Divorce Attorney may ask questions such as, does your partner know a divorce is in the works, will you and your partner be able to work through the proceeding in an amicable or contentious manner? Usually after that your Oklahoma City Divorce Attorney may discuss grounds for the divorce. After that he will probably explain the costs of filing and other costs to third parties. He will probably at this point discuss how he will bill you and how he arrives at a down payment. Undoubtedly your Oklahoma City Divorce attorney will assure you he is not out to bill you to death, but that the fee is to give you a quality and efficient course of action. Armed with this information you will be able to relax and assist your Oklahoma City Attorney in resolving the manner.
The Jurisdiction requirements for filing A Dissolution of Marriage or Divorce in Oklahoma is that you must be a resident in Oklahoma the next preceding six months and a resident for 30 days in the County in which you are filing. Let our Oklahoma City Divorce Attorney if your partner is in Oklahoma also or out of State.
Your Oklahoma City Divorce Attorney will be able to give you a good idea of the procedure and help you navigate the steps. They are different if you have children than if there are no children or if the children are adults. There is a waiting period of 90 days when children are involved. No children affords you a 10 day waiting time. In either case, in Oklahoma you are not divorced until one of you, husband or wife or together appear before a Judge who, after reviewing the settlement agreement, or after trial, grants the divorce. Beware of internet divorce packages as they may not follow the procedure or law of Oklahoma and even though you intended to buy a package divorce, you may NOT obtain a legal divorce for the State of Oklahoma. Choose an Oklahoma City Attorney who can better serve you because he knows Oklahoma Law and is better equipped to see that every possible issue will be resolved.
Choose one of Oklahoma City Divorce Attorneys to represent you from the beginning! The Oklahoma City attorneys have the expertise and are familiar with the ins and outs of the process.
Remember, your Oklahoma City Divorce Attorney is the one to better give you specific answers to more specific questions.
During the proceedings the Court will rule on various issues brought before the Court in the form of Motions, for example. When the Divorce is tried, or the Judge receives a Settlement Agreement between the parties, the Judge makes decisions based on the evidence before him or her on the fair division of marital property and marital debts; child custody and visitation; child support and support alimony, and grant a divorce.
Once a Petition is filed, a Summons to answer the Petition will be issued by the Court Clerk. Your Oklahoma City Divorce Attorney will select to have the papers served to your spouse , including any Temporary Application with Order and Notice of Hearing, by either a Sheriff’s Deputy, by Private Process Server, or Certified Mail. Along with the Petition papers will be a page of instructions to not dispose of any property, an automatic injunction (ATI) It is imperative you abide by these specific orders. Your Oklahoma City Divorce Attorney will explain the injunction to you along with its restrictions.. You will have to appear in Court for a Temporary Order Hearing. Your Oklahoma City Divorce Attorney can explain the process. You and he will have asked for certain determinations on a Temporary basis only such as child custody, support, alimony, child support, and possibly other orders.
Your spouse will have 20 days to answer the Petition from the date of service. You may receive a cross-claim or counterclaim. Then you have to answer those claims within a specific time. Your Oklahoma City Divorce Attorney can assist you in this process.