Consider Getting an Attorney if Having Trouble with Divorce Paperwork
Video Transcribed: What papers do I need to file to begin a divorce process in the state of Oklahoma? I’m Oklahoma lawyer James Wirth, and that’s the question that we have.
Well, first off, you’re probably going to want help doing that. You’re not required to have help. You’re not required to have an attorney. You’re not required to have a drafting service. But if you’re asking that question as far as what to file and you’re not using an attorney or a drafting service, this could be a very difficult process for you so you should certainly consider getting help, getting legal advice.
To answer your general question, what do you need to file in the state of Oklahoma? There are a few things to start the process. The main thing, obviously, is a petition for the dissolution of marriage. That’s what opens up the case, and establishes the court’s jurisdiction where you’re requesting the divorce.
As part of that process, you’re going to need to file a cover sheet, because the courts require a cover sheet when you’re filing. It has certain information on it. Then, you’re going to want to get a summons. And the summons, if it’s a divorce in Oklahoma, needs to have the automatic temporary injunction information included with it.
So you need a summons with the ATI information. That is what you serve along with the petition on the other party to require them to file an answer to the court within 20 days. If they don’t, you can default them. If they do, then you go through the process of litigation. Another thing, not required to have, but you’re probably going to want to have; an application for temporary orders. Takes a long time to get a divorce in Oklahoma, but you’ve got a lot of things going on while the divorce is pending.
Who’s got custody visitation? Who’s paying child support? Who’s paying what debts? Who’s got possession of what assets? These are all issues that are up in the air during a divorce process, and it takes a long time to get the final order to decide those things. So you’re probably going to want to get in on a temporary order so you’ve got an order while the divorce is pending.
So file that application for a temporary order. Another thing is not filed with the court and not immediately at the front, but after that, you want to talk about doing discovery. Do you want to send out interrogatories? Request for production? Request for admissions? Do you want depositions?
After that, you may want to look at scheduling mediation, but I think that answers, for the most part, your questions about what needs to be filed. If you want help doing so, then you’re probably going to want to have an attorney.
Another option, if there’s an agreement, is a drafting service that may work for you. It’s cheaper. If there’s not an agreement, drafting services from what I’ve witnessed are not that helpful, because you’re going to want to be able to be nimble with your drafting as circumstances change if there’s not an agreement. And that can be complicated if you’re using a drafting service as opposed to an attorney.
If you’ve got any more questions about this on how to do it on your own or how to do it with a lawyer, you can call a divorce lawyer in Tulsa from my office. You can go online to MakeLawEasy.com to get that information or to schedule an appointment. You can submit a form there. Again, that address is MakeLawEasy.com.