What are some of the steps for getting a divorce in Oklahoma?
First, one spouse needs file a petition with the court that, among other things, states the grounds for their divorce. Currently there are a dozen grounds on which a divorce can be made. A few of them include: gross neglect of duty, abandonment, incompatibility, adultery and extreme cruelty, either physically or mentally.
After that, the other spouse will receive a summons. That spouse will then file an answer to the petition, which the first spouse will then have to make a counterclaim against.
The court will also issue an automatic temporary injunction. This type of injunction is meant to provide both parties with the protection they need during the divorce process, such as prohibiting specific types of financial disbursements and changes. If a spouse fails to abide by the automatic temporary injunction, they may find themselves in contempt of court.
In addition, a spouse must file with the court a temporary order application that lists their demands when it comes to divorce legal issues such as spousal support, child custody, child support and property possession. A hearing will be held, to which the other spouse will be given notice to appear.
In the case of an out-of-court settlement, it is still necessary for at least one spouse to appear in court. By doing so, they will give testimony. A divorce decree will be issued that the other spouse will sign. A divorce is complete when the final divorce decree is approved by a judge and filed with the court. Depending on the circumstances, getting a divorce in Oklahoma can take as few as 10 days or as many as 90 days or more if children are involved.
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