An Oklahoma family law case, whether a divorce or paternity, begins essentially the same way. There are specific documents that must be filed in order to be assigned a Judge and get on the docket. In this post, we will take a 30,000-foot view of the documents your lawyer will be preparing in your family law matter.
Once the decision is made to take the steps to involve the court system, Oklahoma has a standardized process in how to get that process started. The information that you have provided your attorney will give most of the information needed to complete these documents so the completeness of the intake process is important for time and efficiency.
The first and most important document is the Petition. This can be a Petition for Dissolution of Marriage, A Petition to Establish Paternity, or other document that tells the Court a new lawsuit is being brought. This document states the parties involved in the action, both Petitioner (filing party) and Respondent (party being sued). This document also states specific jurisdictional and venue statements that show the Court that the Judge has authority to hear the case.
The Petition will also state the facts of the case to the Court in order to establish our rights and allow the other party to know what is being alleged. This is the time in a family law case to be complete and upfront because if the Respondent does not file a response or participate in the court proceeding, they can be found in default. A default gives the Court permission to grant you everything you requested in your Petition. Your attorney will talk about this at length if this problem arises.
The next document is the UCCJEA Affidavit if children are involved. This document lists the names and addresses of everyone who has lived with the children in the last 5 years. Sometimes these documents require some digging as people move more frequently now. The document also includes statements of any other cases that may impact custody of the children such as DHS or Child Support cases.
Your attorney will also draft a Summons. This document notifies the person being sued that a lawsuit has been filed against them and they have 20 days to respond. This document is simple but very powerful. I will have additional posts in this series about Service of Process and the Automatic Temporary Injunction but when you here someone has been served, it is the Summons that makes it official.
Depending on the needs of your case your attorney may also draftan Application for Temporary Orders. This is an ask to the Court to schedule a hearing and make a determination about pressing matters in a new family law case, such as who pays the mortgage, utilities, child care costs, car payments, and insurance costs. This can also determine preliminary division of finances and bank accounts.
If a Temporary Order hearing is scheduled there will also be a Notice of Hearing with the scheduled court date officially filed and included with the Summons and accompanying documents.
Lastly, your attorney will file their Entry of Appearance. This informs the Court that your attorney represents you in full capacity and is now the contact person for you in official proceedings.
Remember these are the documents just to begin a case. There are many variations and specific needs that go into each case. This list is of course not inclusive and your attorney will guide you through this process.
But What About???
Every family law case is unique and has certain individual characteristics with it. Because family law cases are a court of equity, meaning the Judge will attempt to find a fair or equitable division of assets, there is no way to explain every wrinkle of potential issues in one post.
If you read this post and have questions about your individual situation, please call us so that we may discuss it in more specific detail.
I also consider this a living document where we update and tweak this process as things change in procedure and with specific counties. Please bookmark our main page Stages of an Oklahoma Family Law Case. You can also reach our office at 405-889-1439.