What to Know About the Divorce Proceedings in OKC?
Divorce, while emotionally challenging, is a legal process with complexities that can significantly impact your future. Understanding Oklahoma's divorce laws, grounds for filing, the expected duration, and the approaches of experienced professionals is crucial. Equipping yourself with this knowledge empowers you to make informed decisions and go through the process smoothly. If you're facing this situation, seeking guidance from a knowledgeable divorce attorney in OKC can make all the difference.
Understanding Grounds for Divorce in Oklahoma
While Oklahoma law recognizes 12 different grounds for divorce, a few are predominantly used in practice-
Incompatibility- The most common ground, indicating a fundamental breakdown of the marriage where reconciliation is unlikely.
Gross Neglect of Duty- This refers to a significant and persistent failure to fulfill marital obligations, such as providing financial support or emotional care.
Extreme Cruelty- This encompasses both physical and mental abuse, causing severe harm and making continued cohabitation unsafe or intolerable.
Abandonment- This involves one spouse intentionally leaving the other for a continuous period of one year without consent or justification.
Adultery- This refers to engaging in sexual relations with someone other than your spouse.
Important Note- Though less common, other grounds rather than state of incompatibility, exist and may be applicable in specific situations. Be prepared to provide evidence if challenged by your spouse.
Court's Authority in Oklahoma Divorce Proceedings
Upon initiation of a divorce case, the Oklahoma court possesses the power to following-
Equitable Division- Fairly distribute marital property and debts acquired during the marriage.
Child-Related Matters- Determine child custody arrangements, visitation schedules, and child support obligations.
Dissolution of Marriage- Grant the divorce, officially ending the marital union.
Spousal Support and Legal Fees- In some cases, award alimony to one spouse and determine the responsibility for divorce attorney's fees and court costs.
Important Note- The court's decisions on alimony and legal fees are not automatic and depend on various factors specific to each case.
Filing of Divorce Petition in Oklahoma with the Help of Divorce Attorneys
After filing your divorce petition, the following steps typically unfold-
Summons and Service- The court clerk issues a summon, and your spouse must be officially served with both the petition and summons.
Temporary Order (Optional)- Your divorce attorney can request a temporary order to address immediate needs like child custody, support, or restraining orders.
Spouse's Response- Your spouse has 20 days to file an answer to the petition. If a counterclaim is included, you have 10 days to respond.
Automatic Temporary Injunction (ATI)- Upon service, the ATI automatically takes effect, imposing restrictions on financial transactions, child custody matters, and information exchange between spouses within 30 service days.
Key Points to Remember
Prompt service ensures legal notification of the divorce proceedings.
Temporary orders provide immediate relief while the divorce progresses.
Adhering to the ATI's terms is crucial to avoid potential legal consequences.
Obtaining Temporary Orders in Oklahoma Divorce Cases
To obtain a temporary order in your Oklahoma divorce, follow these key points-
Application- File an application specifying your requests for temporary custody, child support, property possession, alimony, or exclusion from the home with the help of your divorce attorney.
Notice and Hearing- Your spouse must receive at least five days' notice of a hearing before the court can grant these requests.
Emergency Order (Exception)- In urgent situations involving potential harm to your child, you may request an emergency custody order without prior notice. However, a hearing must be scheduled within 10 days, and your spouse must be notified through the divorce attorney.
Remember, temporary orders provide interim solutions while your divorce case proceeds, ensuring crucial matters are addressed promptly.
Timeframes for Divorce Finalization in Oklahoma
The duration of your Oklahoma divorce depends on several factors-
Uncontested, No Children- If both spouses agree and there are no minor children, the divorce can be finalized as early as 10 days after filing, with a waiver from your spouse.
Minor Children Involved- A mandatory 90-day waiting period applies from the date of service, publication, or the respondent's appearance in court.
Waiver of Waiting Period- Under certain circumstances, the court may waive the 90-day requirement.
Contested Divorce- If your spouse contests the divorce by appointing a divorce attorney, the process may extend beyond 90 days.
Court Appearance in Settled Oklahoma Divorce Cases
In settled divorce cases where both parties agree on the terms-
Only one spouse is required to appear in court.
The attending spouse must provide brief testimony under oath in the presence of the divorce attorney.
Both spouses must sign an agreed decree.
Any additional court or state requirements, like parenting classes, must be fulfilled.
Enforcement & Remedies for Violating Court Orders
If a spouse disregards the terms of a temporary order or final divorce decree in Oklahoma, several legal avenues are available-
Contempt of Court- The court can find the violating party in contempt, potentially resulting in up to 6 months of jail time, a fine of up to $500, or both.
Financial Non-Compliance- For unpaid child support, alimony, or debts, remedies include wage garnishment, bank account seizure, and property seizure. An income assignment can direct the employer to deduct payments directly from the spouse's paycheck.
Felony Charges for Child Support- If child support remains unpaid for a year, arrears exceed $5,000, or the parent leaves the state, the district attorney can pursue felony charges.
Criminal Violations- If the violation involves criminal actions like assault or breaking and entering, a police report should be filed.
Emergency Protective Order- Victims of domestic abuse, stalking, or harassment can seek protection through an emergency order filed in relevant counties with the help of the best divorce lawyers in OKC.
Trial and Finality of the Divorce Process
Oklahoma divorce cases are exclusively heard and decided by a judge, not a jury.
The only exception is a contempt of court action, where the accused party can request a jury trial with the help of an experienced divorce attorney.
Finalization of Divorce
A divorce becomes final on the date the judge grants it and files a decree with the court clerk.
Upon pronouncement of divorce, individuals regain their single status.
Oklahoma law imposes a 6-month waiting period after the divorce before cohabitation or remarriage with another person within the state.
During this period, reconciliation is possible through a joint application to the court, as long as neither party has remarried.
Court's Role in Parental Conduct After Separation
While prioritizing the well-being of children, Oklahoma courts offer guidelines for separated parents' conduct known as the "Ten Commandments of Proper Conduct for Separated Parents". These guidelines aim to minimize the negative impact of separation on children's moral and spiritual development, recognizing they often bear the brunt of parental separation. However, the court's authority to enforce specific moral conduct beyond ensuring the child's safety and well-being is limited.
To prioritize children's well-being during and after divorce, Oklahoma courts emphasize these recommendations-
Preserve a Positive Parental Image- Avoid criticizing or discussing the other parent's shortcomings with the children.
Shield Children from New Relationships- Refrain from introducing children to new romantic partners during the separation process.
Maintain Civility During Exchanges- Avoid arguments or conflicts with the other parent when picking up or dropping off children.
Prioritize Sobriety During Visits- Refrain from visiting children under the influence of alcohol.
Respect Boundaries- Avoid visiting children at inappropriate times and provide timely notice if unable to keep scheduled visits.
Focus on Quality Time- Make visits enjoyable by avoiding interrogations about the other parent and refraining from unrealistic promises.
Facilitate Smooth Transitions- The primary caregiver should prepare children for visits and ensure their availability at the agreed-upon times.
Cooperate on Conflicting Plans- If plans conflict with visitation, communicate and find solutions that prioritize the children's best interests.
Prioritize Children's Well-being- Always act in the best interests of the children's spiritual, physical, emotional, and safety needs.
Standard Visitation Rights for Non-Custodial Parents
While Oklahoma law doesn't mandate a specific visitation schedule, each county or judge may have standard guidelines used when parents can't agree. These schedules typically include the following-
Regular Visitation- Weekday and/or weekend visits to ensure consistent contact between the child and non-custodial parent.
Holiday Schedule- Alternating holidays to allow both parents to share special occasions with the child.
Summer Visitation- Extended periods of time during summer break for the non-custodial parent to spend with the child.
Oklahoma policy aims to ensure frequent and meaningful contact between children and parents who prioritize their best interests.
Get Expert Guidance on Divorce Today
Reneau Law Group understands the challenges of dealing divorce laws. As your trusted divorce attorney in OKC, we're here to pass you through every step, ensuring clarity and support. Contact us today to secure your future and find composure. Let's discuss how we can assist you in this trying time.
**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.