Divorce Lawyer Answers Top Questions About Divorce

Lauren Portilloz
by Lauren Portilloz 23 Feb 2021

Divorce is a very difficult decision to make and experience to go through. When trying to decide if divorce is right for your or if you have decided it is the right path, you will likely have many questions about the process. Every divorce is different. But many couples going through a divorce have the same questions and concerns.

Divorce Lawyer Answers Top Questions About Divorce

Does it matter who files for divorce first?

In Oklahoma, it does not matter who files first. The first person to file is considered the Petitioner and the other spouse is the Respondent. Being the Petitioner does not give you any benefit over the Respondent, nor does it look bad to the Judge.

How long does the divorce process take?

In Oklahoma, if you have no minor children (children under the age of 18), your divorce can be finalized within 11 days. Now, some divorces without minor children may take longer depending on if the other party has to be served and they are contesting the divorce. They may want to obtain an attorney and file a response, or they may not respond at all and you will have to obtain a default judgment.

If you have minor children, Oklahoma has a 90-day waiting period before the divorce can be finalized. This time starts after the Petition is filed. There are several steps things that have to be completed during that 90 days.

What is an Uncontested Divorce?

An uncontested divorce means that both parties are working together to come to an agreement on the specifics of their divorce. This will generally save you more money than an uncontested divorce. After the Petition is filed, the Respondent will sign a Waiver of Service. Then the parties can work together to come to an agreement on property, custody, visitation, child support, and debts.

What is a Contested Divorce?

This is the most common type of divorce. This means that either one party does not want the divorce and/or does not agree to how the property, custody, visitation, or debts will be split. Our goal is to be able to work together and come to an agreement that is in the best interest of all parties involved.

What is the general divorce process for divorce?

For example, In Tulsa County, the Petitioner will file the Petition for Dissolution of Marriage and an Application for Temporary Orders. A Temporary Order will give the parties a guide to how custody, debt and property will be split temporarily while the divorce process is ongoing. Tulsa County will give a date for a Parenting Plan Conference. The petitioner will then either serve Respondent or obtain a Waiver of Service. Both Parties will attend the Parenting Plan Conference and attempt to come to a Temporary Order. If this is successful, the parties will then be required to take a Parenting class related to Co-Parenting. If the parties are unable to come to a Temporary Order between themselves and their attorneys, the attorneys will request a Temporary Order Hearing for a Judge to decide. Once these steps are complete, the parties will wait out the 90 days and then attempt to come to an agreement on a Final Order. There are several other small steps that will need to be completed by your attorney in the interim and specific language that will have to be in all the Orders.

Will my divorce case go to trial?

The majority of cases in Oklahoma will settle before trial. Taking a divorce case to trial is expensive and not always in the couple’s best interest. Mediation is a popular alternative dispute resolution available in all of Oklahoma. Your attorney will be able to schedule mediation and help guide you through this process. Mediation is cost-effective, efficient, and generally less stressful than an ongoing court case. Mediation offers the best results for both spouses and allows a mediator to act in the best interest of each party.

My Spouse cheated on me; will I get everything?

Oklahoma is a no-fault divorce state. This means that you do not have to allege any fault. You just state that incompatibility. This tells the court that this marriage cannot be fixed, and we need a divorce. If your spouse did cheat on you, this will not help your case gaining sole custody or all of the property, etc.

My Spouse told me if I leave, he will get sole custody.

Oklahoma is generally a joint custody state. This means that Judges will usually only order sole custody for extenuating circumstances, such as abuse, drug or alcohol addiction, etc. Joint Custody is generally in the best interest of the minor children and that is the main focus in divorces involving minor children.

We have the best divorce attorneys who will help navigate you through the whole divorce process by excellently representing you in and out of court. We will advise you and answer all your legal questions during this difficult process through email, text, and/or phone calls. We lookout for the best interest of our clients and that includes offering great rates and attempting to keep costs low for your as we understand how expensive divorces can be. We will do everything we can to make this process smooth, quick, and less of a burden on you.

Call us today at (918) 212-8079 or you can reach us at Lo@portillozlaw.com.

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