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 Divorce Attorneys today to schedule your free consultation.
Services
Child Custody & Visitation
Divorce & Separation
Child Support
Adoption & Guardianship
Modifications of Custody
Oklahoma is a “no-fault” divorce state, meaning it is no longer necessary to prove that the other party did something wrong in order to be granted a divorce. Generally speaking, a party cannot seek an annulment unless that party can prove that the marriage was invalid for a reason such as fraud, parties one being underage without consent, or one party or both parties were unable to consummate the marriage.
By and large, most divorce cases are commenced with the filing of a petition for dissolution of marriage. This petition will lay out issues like jurisdiction of the courts, the presence or non-presence of minor children and will include a prayer that the petitioner be granted a dissolution of marriage based on incompatibility.
The petition normally only contains general allegations and does not state every claim with specificity.
The person filing the petition for dissolution of marriage is the petitioner. The person responding to the petition for dissolution is the respondent. A petition can be served on the respondent by sending it to the respondent’s attorney (if they have one and the attorney agrees to accept service), by certified U.S. mail, or by process server.
The petition may include an application for temporary order, and by law, the filing alone of a divorce petition creates what is known as an automatic temporary injunction.
An application for temporary order may or may not accompany the petition. Temporary orders can include temporary custody, temporary support, and attorney fees.
Temporary order hearings are common and can determine issues such as child custody, support, and use of the marital home while the case is pending.
Divorce Proceedings
Appointment of a Guardian ad Litem
The court may appoint an attorney to represent the minor children, known as a Guardian ad Litem. The GAL prepares a report and makes recommendations regarding custody and visitation.
As a matter of personal opinion, it is important to have a GAL or good impression with the GAL.
After a temporary order hearing is held, the discovery process is commenced. This can include interrogatories, requests for production, and depositions.
Your attorney should always send over interrogatories, requests for production and requests for admission.
Requests for production are requests for documents and other tangible evidence like bank statements, credit reports, tax returns and more.
At the very least, in a contested divorce action, your attorney should request this information.
It is often very helpful to set a case on a docket exposing bad behavior by the other party.
Discovery Process
Mediation, Hearings, and Trial
Once all that is completed, a case is ready for a hearing on the merits or trial. Mediation can be very useful to settle a case and can sometimes save considerable money in attorney fees and costs.
If settlement is not possible, the case may proceed to trial.
In Oklahoma, divorce cases are tried by a judge—no jury. Each party can call their witnesses and each party can be called as a witness.
The court can decide property issues, child custody and visitation, alimony, possession of the marital home and virtually every other dispute raised at trial.
After trial, a party that feels that the judge has incorrectly decided an issue may appeal to the Supreme Court of Oklahoma.
A party can also petition the trial court for reconsideration.
The issue of attorney fees and whether one party should be forced to pay the other party’s attorney fees must also be raised in a post-trial motion.
Post Trial Events
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Whatever legal concerns you may have, you want an attorney who will help you understand your options and take aggressive action to help you get the best possible results.
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