Divorce or dissolution of marriage, as it is referred to in Oklahoma, starts by filing a Petition for Dissolution of Marriage with the District Court. In cases where the parties are not married, a Petition to Establish Paternity, Custody Visitation and Support of the minor children is filed, and is also often accompanied by an Application for Temporary Order. A Summons and Notice of Automatic Temporary Injunction which restricts both parties from engaging in certain conduct as to their assets, their minor children and each other and directs the other party to respond to the petition, is typically issued by the Court Clerk

Many counties in Oklahoma require parents of minor children to attend a parenting plan or similar conference. At the conference, the parties attempt to reach an agreement on temporary provisions respecting their financial obligations and custody of their minor children. A Scheduling Order is typically entered which sets out litigation deadlines for things such as discovery. Discovery involves requests for information and documentation including taking depositions of parties or witnesses. Any disputes between the parties are resolved through motions and hearings before the Court.

Mediation may be required before proceeding to trial, depending on the particular county in which the case is pending. Mediation is a process by which the parties, with or without their attorneys, attempt to negotiate the terms of an agreed settlement of all issues with the assistance of a trained divorce mediator. A settlement conference may also be scheduled where the parties meet together with their attorneys. To the extent the parties can resolve their issues with or without the assistance of a mediator, the duration and expense of divorce litigation may be minimized.

If the parties are unable to reach an agreement on any or all of the issues in their divorce, a pretrial conference will be set and ultimately a trial will be held. At the trial, the judge will hear the testimony of parties and witnesses, receive documentary and other evidence, and ultimately render a decision on all issues before the Court.

If you have questions about Divorce or Dissolution of Marriage, please contact us to schedule an appointment for a consultation.

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