No one gets into a marriage planning to get divorced. But for a multitude of reasons, people choose to divorce.
In my law practice, I have helped many people navigate this difficult and emotionally charged time in their lives. I often get similar questions from individuals not sure of the steps of a divorce in Oklahoma or what the role of an attorney in this process really is.
In this installment of our “What to Expect” series, we look at the initial steps to an Oklahoma Divorce.
Before we get started, in order to file for divorce in Oklahoma you must be a resident of Oklahoma for six (6) months and a resident of the County you plan to file in for thirty (30) days. These requirements must be met before we can assist with your Oklahoma Divorce or Custody case!
Decide on the level of help you need from an attorney?
I often tell my clients during our initial consultation that everything is easy as long as everything is agreed upon.
That is true in the law just like everything in life but just because it is easy for someone that helps people go to court and get divorced every day does not mean that it is simple. Everything is relative.
At Ryan Dobbs Legal, we offer three separate levels of divorce…
Agreed Divorce – where we do the necessary paperwork, give you instructions on where and how to file the documents, and you go to the courthouse and do the filing yourself. This is a great option for couples who can communicate effectively the distribution of property and belongings and want to move on quickly and inexpensively.
Negotiated Divorce – this option is for couples who agreed that divorce is inevitable but need help working through the issues in their specific situation and coming up with the distribution of the marital assets and property that make sense to both parties.
Traditional Divorce – MOST divorce cases fit into this category. Let’s be honest, if things were going well in communication and decision making, most people would not be considering divorce. In this option, we proceed as if the opposing party will be contesting, or defending, a divorce case because they have different wants or needs than the spouse that files for divorce.
Now, regardless of which package fits your needs, the next steps are the same when you work with Ryan Dobbs Legal.
First, you retain our firm by completing your fee agreement. That is the written agreement between you and your attorney that explains what the firm is doing for you, what you are paying, and how we operate as a firm.
You will get your fee agreement by email with the opportunity to sign with an electronic signature.
Second, you get a link to our client trust account where you can make your payment through our secure server. This was your privacy is upheld by keeping your payment information safe and secure while allowing you to make payments through credit cards and debit cards.
Next, you will receive an intake form specific to your legal needs. Not all items may apply to your individual situation but this will give us the necessary information we will need to begin your documents.
Now, once our attorneys complete your initial paperwork you will have a chance to verify the details of the divorce as explained correctly and make any changes or additions that you see fit. The tone and language of these documents are important because they carry a lot of weight.
THE FIRST STEP IN AN OKLAHOMA DIVORCE IS FILING THE PETITION FOR DISSOLUTION OF DIVORCE
The Petition begins the court case. Many people often don’t think about filing a divorce as a lawsuit but essentially you are suing your spouse for a divorce.
You file your Petition with the Court Clerk for the county that you have lived in for at least thirty (30) days prior to filing.
This is the point where your paperwork will differ based on your current family structure and your needs. For example, if you have children of the marriage, you will also need to file a UCCJEA Affidavit that explains everywhere your children have lived, and with whom they lived, for the past five years.
If you need the Court to make decisions about who pays what, temporary child support or alimony, and debt payments, an Application for Temporary Orders may be necessary.
And lastly, if you and your spouse agree to what is in the Petition, an Entry of Appearance and Waiver will need to be drafted.
This is where your attorney is very valuable!
When you file your case you will also need to pay the filing fee for the case. In Oklahoma County and Cleveland County, the filing fee is ROUGHLY $250 and some change. Our office can give you exact numbers so that is not exact but it is important to know that there are costs above the attorney’s fees that are simply unavoidable.
After you pay your filing fee, the Court Clerk will assign you a Judge. Judges are assigned at random.
Service of Process
You will then again need to make a decision about how you want your spouse to be served the documents. In Oklahoma service of process can be by Certified Mail with a Return Receipt at the Post Office, Served by the Sheriff’s Office of the County the opposing party lives in, to by a private process server.
This is very important that service is performed according to the law. The reason being is that proper service gives notice to the opposing party of the lawsuit, and starts the twenty (20) day time clock the opposing party has to respond to the documents.
If that party does not respond in twenty (20) days, they run the risk of having a default judgment against them. In other words, if they do not answer, everything in your Petition may be deemed as true by the Court, and judgment be entered exactly as you wanted in. If this happens, you will need to discuss the next steps with your attorney.
The 9 million things that can happen….
If I have learned anything in my time in the law, not many things happen as clean and easy as you expect. Every case is different and every family has different needs. This “What to Expect” is not inclusive and is by far not a complete list. We highly recommend that you meet with our attorneys for a consultation to learn more about your specific needs.
