Oklahoma Divorce Steps
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A marriage is a social institution that brings two people together. But, sometimes, marriage fails to bind the lives of spouses because of major differences or faults committed by them. At such stage, a marriage has to be dissolved legally. This process is known as divorce.
The residency requirements is the basic condition for any divorce case. This is the condition enforced by the state where a divorce has to be filed. In Oklahoma, the residence of an applicant should be equal to or more than six months in order to be able to file a petition for the termination of marriage. In this state, the divorce has to be filed in a county where an applicant resides. Sometimes, it can be filed in a county where a partner resides or a county where the cause of divorce has occurred.
Broad overview of Oklahoma Divorce Steps
- Any one divorcing partner must file a Petition for Dissolution of Marriage and serve the spouse with a Summons
- The court issues an Automatic Temporary Injunction with the intention that both partners must cease incurring debt and dissipating money
- If the divorcing parents have the minor children, the next divorce step is to plan out a Parenting Plan Conference. The Tulsa county in this state puts compulsion of such conference on the parents of minor children who wish to get divorced
- During this Conference, the divorcing partners along with their lawyers talk regarding their children and attempt to reach a temporary agreement pertaining to the children. This agreement addresses the following topics:
- How the parents should divide time among the children?
- In the duration from the Conference to the issuance of the Final Decree, which divorcing partner must pay the bills of the children?
- Whether a temporary order for child support should be issued or not?
- At the conclusion of the Parenting Plan Conference, if an agreement is reached, the next divorce step is to draft a Temporary Order Agreement and enter it with the court
- If the divorcing partners fail to form a Temporary Order Agreement, then, the court plans a hearing in front of the judge. During this hearing, the judge finalizes the three topics mentioned above
- The divorcing parents of minor children must be present at "Helping Children Cope with Divorce". This is a seminar at Family & Children's Service
- The next divorce step is of discovery
- The divorcing partner on whom the discovery is served undergoes the following:
- This partner is asked questions, which he / she has to answer
- This partner is requested to produce documents, that he / she has to present. These documents may include financial statements of expenses and incomes, all information related to property and debts, medical reports, etc.
- After the completion of the Discovery process, there are two routes that can be taken:
- Mediation- It is a process of discussions between partners carried out with the help of third party known as a mediator. Here, partners are expected to try to find the solutions for their problems
- Exchange of settlement offers- It is way to resolve the matters by offering various settlement offers and select one or two with mutual consent
- By any of the above two routes, if the partners reach an agreement, an Agreed Decree of Dissolution of Marriage can be entered
- By any of the above two routes, if the partners cannot reach an agreement, then, the court schedules a Trial
- During the Trial, the Judge takes the final decision regarding various issues of divorce. The witnesses are asked to give their testimonies and evidences are presented by both the parties. The decision of the court will depend upon these two things
Oklahoma Divorce Steps regarding documents
- When the divorce steps are being started, the Petitioner must sign the below mentioned documents in the presence of a notary
- Pauper's Affidavit
- Motion for Waiver of Hearing
- Certification of Verification and Non-collusion
- Petition for absolute divorce (requires signature but may not be notarized)
- The Petitioner must prepare copies of the below mentioned forms as follows:
- Decree of Divorce - 3 copies
- Pauper's Affidavit - 2 copies
- Certification of Verification and Non-collusion - 3 copies
- Petition for Absolute Divorce - 3 copies
- Further, the Petitioner must contact the Respondent and submit the following forms for notarization
- The Affidavit of Consent - original copy
- The motion of waiver of hearing with the notarized original signature of the Petitioner - original copy
- Certification of verification and non-collusion - 1 copy
- Petition for absolute divorce - 1 copy to be retained by the Respondent
Steps for divorce in Oklahoma will differ according to mutual communication between partners and grounds of divorce. This is the general idea about primary divorce steps that are important.