What You need to Know about Divorce Laws and Processes

Residency requirements must be fulfilled when filing for divorce in Oklahoma in order for the court to handle the case. Discovering that the court does not possess jurisdictional rights to hear a particular case means that the case will be dismissed eventually or not accepted. There are various grounds for divorce in the state but a few are usually used. These include incompatibility, extreme mental or physical cruelty, gross neglect and adultery.

Divorce Court

• During the trial or at the time of settlement, the court will fairly divide debts and marital property; deal with child support, child custody or visitation and granting the divorce. The court may also award attorney fees and support alimony.
• If a case is settled, only one party has to go to court to give a brief and sworn testimony. Advance copies of divorce decrees are typically provided to spouses and signatures are obtained to approve the decrees.
• All divorce cases in Oklahoma are tried before judges. A divorce is final when the judge grants it. When the judge pronounces your divorce, you are officially a single person. 

Filing a Petition

• When you file your petition, the court clerk issues summons. These should be served by a certified mail, a deputy sheriff or private process server to your spouse.
• An attorney can also apply for a temporary order that issued for the purpose of directing your spouse to perform certain actions or stop the spouse from doing specific things. A court appearance is required for you to testify about the need for making each temporary request.
• After serving the papers, there are 20 days within which the spouse can file an answer with the court clerk. After filing an answer, you will be expected to respond in case a counterclaim has been made. Learn more about the State of Oklahoma divorce process here.
• Automatic temporary injunctions are enforced once petitions are served. This aims at protecting both parties along with provisions for prohibiting specified financial modifications and expenditure to certain policies and accounts such as insurance policies and retirement accounts.
• The automatic temporary injunction also requires parties to exchange documents within a time frame of 30. It is essential to read and adhere to the terms of the injunction. Any party that violates it can be held in contempt of court.

Duration of a Divorce

• If the parties involved agree to the divorce and they do not have children, a divorce can be granted 10 days from when the petition was filed. Your spouse needs to execute the waiver and file it with the court.
• When there is a minor child or children involved, a waiting period of 90 days is provided from the date the summons is served, the first day it is published or the respondent’s entry of appearance, depending on what happens first.
• The waiting period may not be enforced in certain situations. If the spouse hires a lawyer and fights the case, it could take a longer time.

Violations

If your spouse is in violation of the temporary order or divorce decree, you have numerous options. For contempt of court, the judge may asses a jail term, fine or combination if the party is found guilty. Protective orders can be sought when there is criminal conduct and the results of failing to pay money to cater for alimony or child support range from wage garnishment to seizing personal property.