Understanding the Process
What are the stages of a divorce in Oklahoma? I’m Tulsa Lawyer James Wirth. That’s a question that we have and actually been working on a binder that we’re going to be given out to all of our clients as they sign up with all the information that our clients need on what the different stages of the divorce are, what’s going to happen in each one, what to expect, frequently asked questions. A lot of the stuff we put in these videos will have links through QR codes to some of the videos but for this one it’s what are the stages of a divorce in Oklahoma and we’ve got that sheet done.
We got that here for our little packet there but I’ll go through it for this video as well. Essentially there’s seven stages for a divorce involving minor children in Oklahoma, particularly in Tulsa County, and then there’s one less stage if there aren’t kids involved. So what’s the first stage? First stage is initial pleading. So that is if you’re the one filing for divorce, you’ve got to draft and file a petition.
First Stage: Initial Pleading
You need a summons, you’ve got to have your cover sheet on there. You probably want an application for temporary orders. You get that filed with the court, you serve it on the other side. If you are the respondent, once you’re served then you got to file your own responsive pleadings which could include an answer. Probably want a counterclaim in with that answer. You got to do your own cover sheet as well and you probably want application for temporary orders. That’s the initial stage.
From that point if you’re in Tulsa County and involves minor children, it’s going to be set for a parenting plan conference. Ahead of that you’ve got to watch a couple of videos, you’ve got to fill out a couple sheets regarding like a temporary order financial declaration information that is needed. Provide your DR5 information which is information that’s relevant for determining child support and you got to get that together, get it over to the other side.
Second Stage: Parenting Plan Conference
You appeared at the parenting plan conference. If both parties are appearing at that you’ve got an opportunity to meet together see if you can agree to temporary orders. If not then you get a referral to go to the next stage which is stage three of a divorce in involving minor children. That is the temporary order hearing. So like I said before when you’re doing the initial stage you file those applications for temporary orders and if you can’t reach an agreement on temporary orders and that’s orders that are in place while the divorce is pending then you have a temporary order hearing which is evidentiary hearing where the judge makes the determination of custody, visitation, child support.
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