Family Law & Divorce
Every domestic case is different, but they are also similar in many ways and a strong, creative and consistent litigation strategy is essential to achieve the client’s objectives. Please contact our experienced Oklahoma Family Law Attorneys today to schedule your free consultation.
Services
Dissolution of Marriage (Divorce)
Divorce with Minor Children
Divorce Without Minor Children
Paternity
Child Custody
Child Visitation
Child Support
Adoption
Guardianship
Modification of Custody (post-decree modification)
The first step, if you are contemplating a divorce or custody proceeding, is to contact an experienced family law attorney. An experienced family law attorney can guide and navigate the client through this difficult and often confusing process.
All divorce cases are commenced with the filing of a petition for dissolution of marriage (divorce petition). This petition is what begins the formal legal process of dissolving your marriage. The petition can contain a request for custody, visitation, child support, support alimony along with a request for debt and property division with various. other claims.
In most cases, an experienced family law attorney will also file an application for temporary order. This application requests that the court enter certain temporary orders while the case is pending. Meaning, these orders will be in place until a final decree of divorce is entered.
Once filed and set, the pleadings filed to-date must be served on the other party. Once served, the other party has twenty days to respond. Once served, the other party will generally hire their own family law attorney. The other party will also file their response and counterclaim for dissolution of marriage with their own requests of the court. Once filed, the parties will generally proceed to their first hearing.
The first hearing in most cases will be the temporary order hearing. At this hearing, the court will enter appropriate orders to try and protect the marital estate by ordering the payment of certain debts and expenses and by awarding the parties temporary possession of marital property such as the marital residence, vehicles or any other form of property. The court can entertain requests for temporary support alimony, the payment of temporary attorney fees or any other issue ripe for determination.
Divorce Proceedings
Appointment of a Guardian ad Litem
The court may appoint an attorney to represent the minor child(ren), known as a Guardian ad Litem. The GAL prepares reports and makes recommendations regarding custody and visitation.
As a general rule, the parties will normally evenly split the cost of the GAL. However, the court has the authority to compel one parent to pay the cost (or the majority of the cost) for the GAL , subject to reallocation.
After a temporary order hearing is held, the discovery process is commenced. This can include interrogatories, requests for production, requests for admission and depositions.
The purpose of discovery is to “discover” what the other party intends to use at trial in support of their requests of the court.
Interrogatories are questions that a party must answer in writing and under oath.
Requests for production of documents are made to require the responding party to produce certain documents (pay stubs, bank statements, etc.).
Requests for admission are statements which the responding party must admit or deny.
Depositions require the party being deposed to answer questions under oath in the presence of a court reporter.
Discovery is a crucial aspect of litigation.
Discovery Process
Mediation, Hearings, and Trial
Once all that is completed, a case is ready for a hearing on the merits or trial. Prior to the actual trial, many parties choose to attempt mediation or the court may order that mediation occur prior to the trial.
Mediation can be very useful to settle a case and can sometimes save considerable money in attorney fees and costs. Mediation also allows the parties to control the outcome of their case to some degree. If a case settles at mediation or by agreement, the attorneys will draft and circulate a proposed decree of dissolution of marriage (divorce decree) and that decree can be presented to the court for entry as a final order.
If settlement is not possible, the case will proceed to trial. At the conclusion of trial, the court will decide the matters in controversy and enter its orders. These orders will be merged into a decree of dissolution of marriage (divorce decree)
After trial, a party that feels that the judge has incorrectly decided an issue may appeal to the Supreme Court of Oklahoma. An experienced family law attorney can help you decide if an appeal is in your best interest.
Post Trial Events
Schedule A Consultation
Get an experienced family law attorney working for you today. Call Reneau | Bays Law Firm at (405) 654-1116 or fill out the contact form.