Whether you have decided that you want to file for divorce, are dealing with a spouse who wants to file for divorce, or are not sure what you want to do, it’s best to understand what a divorce can look like so that you know where you are in the process.
Filing your Petition
Every divorce starts with the filing of a petition for divorce, sometimes called a petition for dissolution of marriage, along with a summons and notice of automatic temporary injunction, and several other documents. Once those are filed, they must be served on the other party.
Temporary Orders
Once the other party is served, the next step is a temporary order hearing. Temporary order hearings are where courts decide what happens to the marital estate, including who gets possession of marital assets, such as a home, vehicles, and other items, while cases are pending. If you have children, courts will decide temporary custody, visitation, and child support at the temporary order hearing. Temporary orders will control until they are modified or replaced by a final divorce decree, or until the parties reconcile.
Discovery
After a case is filed, and usually around the same time as temporary orders are issued, the parties begin the process of discovery. This is where the parties share information about their case in chief and their financial affairs so that the other can make an informed decision on how to proceed with the case.
Final Resolution
Once temporary orders are issued and discovery is complete, the next step is reaching a final case resolution. That usually occurs through one of two ways: settlements or a trial. Settlements can occur through private attorney negotiations or through mediation. If settlements fail, the parties go to trial. At trial, all evidence is presented, and the parties are given a chance to testify about their estate, what they want from a divorce, and their preference for custody and visitation. Once the court hears all of the evidence, it will issue a ruling that divides the estate and divorces the parties. That ruling will be memorialized in a divorce decree, and the parties will be divorced once that decree is entered.
Many things can happen between these steps, and no two cases are the same. Sometimes emergencies occur, parties don’t abide by court orders, or circumstances change for children, which requires additional steps. If you are dealing with a divorce in Tulsa, Oklahoma, or Green Country and don’t know where to begin, call us today to see how we can help. A good attorney in your corner will help you get the best deal possible in a divorce case.