Oklahoma Divorce Lawyer: Guidance Through Dissolution of Marriage

Understanding the Divorce Process in Oklahoma

1. Filing the Petition for Dissolution of Marriage: The process begins when one spouse (the "Petitioner") files a Petition for Dissolution of Marriage with the district court. To file in Oklahoma, at least one spouse must have been a resident of the state for a minimum of six months.
2. The Automatic Temporary Injunction: Upon filing, an Automatic Temporary Injunction immediately goes into effect. This is a court order that prevents both spouses from taking certain actions, such as selling marital property, taking on new debt, or removing children from the state without the other's consent.
3. Serving the Petition: The other spouse (the "Respondent") must be formally notified of the divorce by being "served" with the court papers. They then have a set period to file a formal Response with the court.
4. Temporary Orders Hearing (If Necessary): If immediate issues like child custody, child support, or who will live in the family home need to be decided while the divorce is pending, the court can hold a hearing and issue Temporary Orders that remain in effect until the final decree.
5. Discovery and Information Gathering: Both sides exchange relevant information regarding finances, property, and other matters. This process, known as "discovery," ensures that all decisions are made with a full and transparent understanding of the marital estate.
6. Mediation and Settlement: Oklahoma courts strongly encourage spouses to resolve their disputes outside of trial. Through negotiation or formal mediation, we work to reach a fair settlement agreement on all issues, which can save you time, money, and emotional stress.
7. Trial (If Necessary): If an agreement cannot be reached on all issues, the case will proceed to trial. A judge will hear evidence and testimony from both sides and then make the final decisions on any contested matters.
8. The Final Decree of Divorce: Once all issues are settled or decided by a judge, the court will issue a final Decree of Dissolution of Marriage. This document legally ends the marriage and details all the terms of the divorce. In Oklahoma, there is a mandatory 90-day waiting period from the filing date before a divorce can be finalized if minor children are involved.

Key Issues We Handle in Your Divorce

• Division of Marital Property: Oklahoma is an "equitable distribution" state. Marital property and debts must be divided in a fair and just manner, which may not always be a strict 50/50 split. We work to ensure a truly equitable outcome.
• Child Custody & Visitation: All custody decisions are based on the "best interests of the child." We help you craft a comprehensive parenting plan that protects your relationship with your children and fosters their well-being.
• Child Support: We ensure that child support is calculated correctly according to Oklahoma's statutory guidelines, accounting for both parents' incomes and the custody arrangement.
• Alimony / Spousal Support: In some cases, one spouse may be entitled to alimony to assist with their financial transition after the divorce. We can help you understand the factors the court considers and advocate for a fair result.