Steps in an Oklahoma Divorce
By Travis Vernier, Esq. – Bennett Vernier, PLLC
Divorce can be a complex and emotional process, but understanding the steps involved in an Oklahoma divorce can help you navigate it with confidence. Whether you and your spouse agree on everything or face contested issues, knowing what to expect can make the process smoother.
Filing for Divorce in Oklahoma
The first step in an Oklahoma divorce is for one spouse to file a Petition for Dissolution of Marriage in the family court of the county where either spouse resides. The spouse initiating the case is called the Petitioner, while the other spouse is the Respondent.
This petition includes:
✔️ Names of both spouses and any minor children.
✔️ Grounds for divorce (Oklahoma allows both fault-based and no-fault divorces).
✔️ Requests for child custody, support, property division, and spousal support (if applicable).
After filing, the Petition for Divorce must be properly served to the Respondent, following Oklahoma’s legal service rules. The Respondent has 20 days to file an Answer, which must also be served to the Petitioner.
The Automatic Injunction
Once the divorce petition is filed and served, an automatic temporary injunction goes into effect. This court order prevents either spouse from:
🚫 Selling, hiding, or disposing of marital assets.
🚫 Making changes to insurance policies, retirement accounts, or financial documents.
🚫 Harassing or disturbing the other party.
🚫 Destroying electronically stored information, such as emails or financial records.
This injunction remains in place until further court orders or the final divorce decree.
Temporary Orders in an Oklahoma Divorce
If necessary, either spouse can request temporary orders from the court. These orders establish short-term rules for:
✔️ Child custody and visitation arrangements.
✔️ Child support and spousal support (if applicable).
✔️ Who will stay in the marital home during the divorce.
✔️ Division of bills and expenses until the divorce is finalized.
Temporary orders help maintain stability while the divorce process moves forward.
Discovery Process: Gathering Financial and Legal Information
If spouses disagree over property division, child custody, or financial matters, the next step is discovery—a legal process where both sides exchange information.
This may involve:
📑 Interrogatories (written questions that must be answered under oath).
📑 Requests for documents (such as bank statements, tax returns, and investment accounts).
📑 Depositions (formal testimony taken under oath).
Discovery ensures that both spouses have full transparency regarding marital assets, debts, and financial obligations.
Settlement Negotiations and Mediation
Many divorce cases are resolved through settlement, either through direct negotiation or mediation. A Marital Settlement Agreement outlines key terms, including:
✔️ Division of assets and debts.
✔️ Child custody, visitation schedules, and support.
✔️ Spousal support, if applicable.
Mediation can be court-ordered or voluntarily chosen, offering a structured way to resolve disputes with the help of a neutral third party. If both spouses can agree, the divorce process moves much faster and is less costly.
Trial and Final Divorce Decree
If a couple cannot reach an agreement, the case goes to trial, where each side presents evidence, witnesses, and legal arguments. The judge will then decide on:
✔️ Custody and parenting time arrangements.
✔️ Child and spousal support obligations.
✔️ Property and debt division.
Once the judge issues a ruling, it is finalized in the Divorce Decree, officially dissolving the marriage.
Take the Next Step – Consult an Oklahoma City Divorce Attorney
Divorce is a life-changing event, and having the right legal guidance is crucial. At Bennett Vernier, PLLC, we help clients navigate the divorce process with clarity, strategy, and strong advocacy.
📞 Call (405) 456-0404 today to schedule a confidential consultation and discuss your case.
💼 Need legal guidance? Contact Bennett Vernier, PLLC for help today and take the first step toward protecting your future.
