Divorce Process
The Oklahoma Divorce Process
A divorce can be messy, amicable, traumatic or any and all. Regardless of how or why the decision to terminate a marriage comes about, the import of its seriousness is a scary thought for all involved parties. A marriage unites and melds two families. It sometimes brings brand new lives into the family tree through birth or adoption. You all grow together through life’s events; you share years of tears in joy and in sorrow. A divorce, no matter how amicable, leaves a gaping hole in a family’s fabric of life that only mends with the passage of time and restructuring of the family unit, both immediate and extended.
At the Law Firm, our Tulsa divorce attorneys are sensitive to the emotional trauma a divorce brings by its very nature. When you retain our services, we are a calming influence within the turbulence. We guide you through the process and around the pitfalls that mire the procedures in senseless arguments. We listen carefully and offer our learned and honest advice. When all is said and done, all parties want the same thing, and that is a fair and balanced settlement. It is our responsibility to get you there in the most expedient manner so that you can move ahead with the business of reshaping your family unit.
Oklahoma Divorce Proceedings
Let us demystify some of the “unknown” ahead for you. The actual proceedings move through the court in an established pattern.
- First, a decision is made as to the type of divorce. An absolute divorce terminates the marriage relationship by judicial order and when proceedings are finalized, the parties are returned to a single state. A limited divorce is a legal separation in which the right to cohabit is terminated, but the spousal relationship remains. Another option is an annulment, which voids a marriage because it was invalid for a legal reason. Annulments are rare because there are specific grounds to meet and if the grounds do not meet, there can be no annulment.
- Next, residency requirements are verified. There is a six-month residency requirement for an absolute divorce proceeding.
- Fault or no-fault grounds for the divorce are established. An interesting fact is that Oklahoma first introduced the “no-fault divorce” in 1953. By 1970 most states adopted the same law. A no-fault divorce eliminates the need to reveal publicly and to the court the reason for the divorce and assesses no blame. It can also serve to set the tone of the proceedings to a more amicable environment.
- To allow for the possibility of reconsideration and reconciliation if there are minor children at issue in the marriage, Oklahoma family law statutes require a 90-day waiting period after a Petition for Dissolution of Marriage has been filed and before a judgment dissolving the marriage can be entered by the court.
- Once the petition is filed with the court and served upon the respondent, the process of defining the terms of the dissolution begin. During the divorce proceeding, all issues relative to the particular relationship must be resolved. This includes:
- Child support
- Child custody
- Mediation ordered for disputes relative to the children
- Spousal support
- Property distribution
- Restoration or name change
When the parties successfully resolve any and all issues relative to the dissolution and the court is satisfied that all is in order, a judgment granting dissolution of the marriage is issued. You are, once again, single.
Your Tulsa Dissolution Lawyers
If you are considering dissolution of marriage or been served with dissolution pleadings, we hope that you feel free to reach out to our legal team at the Law Firm. Just knowing that your divorce is in knowledgeable hands can instantly reduce your stress and set your mind at ease. That is our very purpose.
You can contact one of our Tulsa divorce attorneys or fill out and submit the contact form and we will contact you in a timely manner.