Once you file the case with the Court and you are assigned a Judge you will serve the other party. Offical service can be Certified Mail, the Sheriff, or a Private Process Server. The Responding party has 20 days beginning the day after service to file a formal Answer or Response. In this post, we are going to take a look at what an Answer or Response is and what it means in Oklahoma Family Law Cases.
Remember that when you file a new case you have the opportunity to state your case in your Petition and allege certain facts or wrongdoing by the opposing party. Their Response affords them the same opportunity. Most clients are shocked to see what the Respondent has put in their documents. Sometimes wild and outlandish accusations are made in anger or uncertainty with the Court process.
It is important to realize that accusations on both sides have to be proven in a court of law under the rules of evidence. While this doesnt make the words on paper sting any less, many of my clients rest easier knowing that there is no way the other side can prove what they said.
Now, once we receive their Answer we have the opportunity to respond if we choose. This obviously is more important in some situations than others and we can help decide whether a reply to their filings makes sense in your specific case.
The other thing about receiving a Response shows me as an attorney is the posture of the other party and their attorney. Some attorneys are going to write like they are furious but are easy to work with in Court. Some other attorneys mirror the attitude of their client. It doesnt make things any different as far as facts but it does give me an insight into what items make the other side pay attention.
In a new divorce or paternity case we will have typically already scheduled a Temporary Order Hearing. We will have scheduled it outside this 20 days window to respond to give the other side their time. In a modification of custody case where there are already orders governing the case we will start to consider the benefits of either mediation or going straight to a Motion to Enter in order to get trial dates. A Motion to Enter is the logical next step in the case when there is no clear settlement or compromise and the Court is going to have to help the parties in making a decision.
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.