People commonly want to know how to file divorce in Tulsa. In Oklahoma the procedure of filing divorce is governed by Oklahoma Family Law Statutes. In addition each County has its own set of court rules that further regulates divorce and family law proceedings. For the purpose of illustrating the process this blog is focused on how to file divorce in Tulsa. Each county is a little different but this is a great guide to what happens.
Filing the Divorce Petition
To begin a divorce case you must file a Petition. The Petition spells out exactly what relief you’re seeking from the court. An example includes dissolution of marriage; division of property and debt; child custody and support; and alimony if you’re asking for it. There are other documents necessary to file a divorce. You will also file a summons; a notice of automatic injunction; and motion for temporary orders. If you have children the court clerk will schedule your case for a Parenting Plan Conference. Once all the required documents are filed, you must then obtain legal service on your spouse. This gives the court jurisdiction or authority over all the parties.
Parenting Plan Conference and Temporary Order Hearing
If you have children your case will be scheduled for a Parenting Plan Conference. The purpose of the PPC is to educate both parties about the impact a divorce has on your children. You will watch a video and hear comments from the judge. Then there will be time for the parties to negotiate an agreed temporary order. Most often, temporary orders are used to govern things such as custody, child support, and other orders that may be necessary. If the parties cannot reach an agreement, the case will be scheduled for a temporary order hearing. This hearing is in front of your Judge. After a hearing the court will issue temporary orders. Temporary orders will remain in effect until a final divorce decree is entered in your case.
Final Resolution of your Divorce
When you file divorce in you will ultimately receive a decree of divorce. A majority of divorce cases end with negotiated agreements between the parties. The others only end after a trial to the court. If you have children, there is a 90 day waiting period before you can enter a decree of dissolution of marriage. If you have no children the waiting period is reduced to 30 days. Whether the parties agree or the court issues a judgment after trial there will still be a decree of dissolution of marriage. The decree will define the rights of the parties as they pertain to child custody, visitation, and child support, division of marital debts and assets and alimony. Once the decree of dissolution of marriage is filed your divorce case is final.
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