November 07, 2023
The Temporary Order: Filing a divorce action includes filing the Petition, and we also file what is called an Application for Temporary Order. The next step is to notify the other spouse, which is done by serving the divorce papers to them. The Application for Temporary Order is typically heard within a month of filing the divorce action.
At that hearing, the two parties and their respective attorneys come together and answer the docket call. A docket call is a procedure for scheduling the case’s activities. Also, while they’re there, the attorneys in the case will discuss matters to see what might be worked out temporarily. Those things will be put down on a Court Minute, which is a handwritten Court Order that the judge signs. If the two parties and their attorneys can’t work everything out, the judge may have to make the decisions for them. Again, this is only a temporary order, designed to stop the conflict and settle things initially while the couple goes through the divorce process and gets the final order completed or goes to trial.
Co-Parenting Classes: After the Temporary Order, it’s statutory in Oklahoma that both parties do a co-parenting class. It’s a good idea to do that right away, or as quickly as possible. It can be done online now; it’s a one-time thing, and it usually takes around four hours. The parties do it separately, and they each get a certificate, which is then filed. Keep in mind also that in cases with children, the divorce can’t be finalized until after that 90-day mark; it’s only in rare cases that the court will waive that time requirement.
Motion to Enter: The next step is to file a Motion to Enter to set the case on a trial docket. Different counties handle the trials in different ways. Oklahoma County requires a Motion to Enter for the attorneys to come together and look at the trial’s scheduling order, but not all counties require it. Often, the court requires the couple to try mediation, and if they are able to work everything out, then the final order can be filed, and no trial will be necessary.
If mediation doesn’t resolve all the issues, then the case can still be set for trial. I’ve done full-blown, all-day trials on a wide range of issues, but I’ve also handled mediation where we were able to resolve all but one problem, and only needed a short hearing for that issue to finalize the divorce.
For more information on Process Of Filing For Divorce In Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 792-2400 today.