From the time the divorce is initiated up to the time of trial, the parties will normally go through what is referred to as “Discovery”. This is an opportunity for the attorneys (and/or the parties) to learn as much as possible about the opposing party. Discovery may take place in the form of formal questions requests for production of certain documents, accounts of assets or liabilities, accountings for funds that have been spent by either party, depositions, requests for medical or mental reports or evaluations, etc. We may also make arrangements to have all or a portion of your assets appraised during this time.

You can help your attorney, and save yourself money, by accurately and completely filling out any questionnaires provided to you. As well as keeping your fees at a minimum, it will help them better represent your interests. It is sometimes difficult to provide a complete and accurate financial picture, or help guide you in the right direction when paperwork is only partially completed or when “sacks” of records, or other documents, are brought to their office in a disorganized manner.

In Oklahoma, the legislature has adopted a statutory formula for computing child support. The formula is based upon the combined gross income of the parties and the number of children. The Court will follow the formula 98% of the time. Only
very extraordinary circumstances will justify the Court in doing something different. The children’s needs are what is considered, such as special health problems, special educational needs, etc. please help us identify these if you think they might exist.

There is no legal significance, as to whether the husband or wife files the petition. The respondent is entitled to file a counter-petition, which basically tells the Court their side of the story and how they think the case should be handled.

No divorce may be granted until at least 90 days have passed following the date the petition is filed if there are children involved. The minimum waiting period for a divorce where children are not involved is 10 days. Unfortunately, due to overcrowded Court dockets, an uncontested divorce often takes 45-60 days, and a contested divorce may take up to 6-9 months. During the waiting period we will be trying to help you work out the details of custody, visitation, support and property settlement.

WAITING PERIOD

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.