Oklahoma Divorce Process Overview

July 10, 2014 4:29 pm

Are you considering filing for divorce? We invite you to consult with our Tulsa Divorce Attorney to discuss your legal rights and obligations regarding the dissolution of your marriage. Our affordable divorce  Wedding bandsattorneys can help guide you through your divorce and protect your assets, children, and financial future. Contact us today for a consultation.

Divorce Process Overview:

In order to file for divorce, a party must assert a valid legal claim in which he/she will petition the court to dissolve his/her marriage such as the following:

  1. Irreconcilable differences
  2. False contract
  3. Gross neglect of duty
  4. Felony imprisonment
  5. Marital abandonment for one year or more
  6. Wife impregnated by another man at time of marriage
  7. Insanity of spouse for a period of five years

Once the divorce petition is filed, the filing party will be addressed as the petitioner.  Conversely, the other party is the respondent. The respondent will be provided the opportunity to answer the petition for the divorce. Once the action initiates, both parties should consult with a separate private Tulsa Divorce attorney to address any of the following legal matters needing resolution prior to the entry of the final judgment for divorce:

  1. Child custody
  2. Marital property division (this includes real and personal property)
  3. Alimony and spousal support
  4. Child support orders
  5. Child custody orders
  6. Protective and restraining orders

Under most circumstances, it is more practical and affordable for both parties to come together with their attorneys present and discuss any outstanding issues being litigated in the proceeding. Uncontested divorces are quickly resolved and both parties tend to be happier with the results.

If contesting most of the above legal matters, then the court decides how to resolve the matter which can leave both parties with undesirable results.

Our Tulsa Divorce attorney recommends that you try mediation prior to going to trial to litigate any issues. In the alternative, if trial is the only option, our attorneys will gather evidence and prepare witnesses to testify on your behalf so you can obtain the best results possible.

Mediation vs. Collaborative Law – Which One is Better:

As mentioned above, our attorneys strongly recommend for both divorcing parties to attend mediation or take the collaborative law approach to resolve their divorce issues.

Mediation involves the use of a neutral mediator to help you and your spouse settle your divorce issues. You and your spouse will have the opportunity to discuss your issues in a controlled setting. At the end mediation, a marital settlement agreement will be drafted, which you should have your attorney review. Once satisfied with the terms of the agreement, you must sign and notarize it. The marital settlement agreement attaches to your final divorce judgment.

Alternatively, the collaborative divorce approach may also work for you. To begin the process, you and your spouse will sign an agreement pledging to reach an agreement regarding the terms of your divorce.  Each party must retain separate counsel to meet separately with to discuss the terms of your proposed settlement agreement. Similarly, your spouse will meet with his/her attorney to do the same. Once both parties have a proposed agreement drafted, all parties and their represented counsel will meet to discuss any terms not agreed upon by either spouse.

If parties come to an agreement, the agreement incorporates into a marital settlement agreement and ultimately attached to the final divorce judgment. .If either party breaks the pledge, and insists on a court proceeding, then both parties will have to retain new attorneys and start the divorce proceeding from the beginning.

Contact a Tulsa Divorce Attorney:

Our Tulsa divorce attorney invites you to contact us to schedule a consultation. We can provide you with legal representation to obtain the divorce settlement you deserve. Contact Tulsa Divorce Attorneys and Associates Today at 539-302-0303