DIVORCE
AREAS OF PRACTICE
FATHER'S PARENTAL RIGHTS LAW CENTER 3428 NW 178th Edmond, OK 73012 Phone: 405.752.1300 Fax: 405.752.1705 |
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HOW LONG DOES IT TAKE TO GET A DIVORCE?
Once a petition for Divorce is filed, if you have minor children there is a mandatory ninety (90) day waiting period before the Divorce can become final. There is a procedure to ask for a waiver of the 90 day waiting period for good cause shown and if both parties agree to the Divorce. If the Divorce is contested, then it could take several months to a year before the case goes to trial. Some cases, depending upon complexity, can take over a year. It is difficult at the outset of a lawsuit to foresee how long it will take to complete. We are better able to give you an estimated time range later when we understand more clearly what is at issue. The time involved is primarily based on the number and complexity of the contested issues. Additionally, a factor that makes lawsuits last longer is the intensity of the feelings between the parties and how much they want to fight. Mediation can often help settle a highly contested Divorce case. HOW DO I BEGIN THE DIVORCE PROCESS? We begin the work on your case when we are retained after your initial consultation. If you decide to start the divorce, we first draft a Petition for Divorce, a Summons and Automatic Temporary Injunction, and usually an Application for Temporary Order. These documents are given to you for your signature and approval before filing. You can request the documents be served on your spouse by a Process Server or by Certified Mailing. After service of the Petition, the law provides a specified period (20 days) for your spouse to answer. The court or an agreement between attorneys may extend this period. The first court date is generally a Temporary Order hearing. WHAT IS A TEMPORARY ORDER HEARING? Until the trial is scheduled, the court must make temporary orders about custody, child support, spousal support, marital debts and property division. During this hearing, we ask the court to decide issues such as: visitation, custody, who will remain in the family residence, who will have control of certain assets (like a car), and who will be responsible for certain debts. At the Temporary Order hearing, the dependent spouse presents evidence of his or her needs, obligations, and expenses. The spouse from whom support is sought will present evidence of his or her expenses and income. It is very important for us to prove facts about the parties’ income at this early stage. Therefore, you will need to provide us with any written evidence about these matters. Preserve and deliver to us such things as pay stubs and tax returns so we may have as complete a financial picture as possible. A Temporary Order hearing can only be held for a Divorce case. There is no Temporary Order hearing for a post-Divorce Motion to Modify or Contempt Citations. WHAT HAPPENS AFTER THE TEMPORARY ORDER HEARING? After the Temporary Order, your attorney will schedule the case for a Pre-Trial Conference and a Trial. To prepare for trial, the parties are permitted to conduct discovery. During this stage, both sides try to collect all the information necessary for settlement discussions and/or trial. Discovery refers to the ability of both parties to get information relevant to custody and financial issues from the other side. Discovery includes such devices as interrogatories, depositions, and requests for documents. Usually interrogatories are first and then a deposition may occur if additional information is necessary. This proceeding involves the taking of sworn testimony from you, your spouse, and/or third parties at one of the attorneys’ offices. Usually both clients, both attorneys, and a court reporter are present. Discovery is a two-way street, and each side must produce documents and records and respond to questions, etc. It is always preferable to approach these matters in a spirit of cooperation with opposing counsel. We find that this sort of cooperation reduces the time required for the discovery phase of your case. In many instances it also substantially reduces the cost to you of that phase. It is, therefore, our practice and desire to try to get all the information that we may need on an informal basis. However, this may not be sufficient. Under such circumstances we must resort to the procedures provided by law in legal adversary proceedings. You are allowed to settle your case at any time, and a mediation may be helpful in this regard. WHAT INFORMATION DO WE NEED TO PREPARE YOUR DIVORCE CASE? A complete picture of the assets and income of both spouses is absolutely necessary. By providing us with the information and documents requested below, you will help us in the preparation of pleadings and documents required in your case. In addition, possession of these documents will help in preventing your spouse from dissipating or secreting any assets. Gather the following documents to be available for inspection and copying upon request: 1. Income Tax Returns. Completed personal, corporate, partnership, joint venture, or other income tax returns, state and federal, including W-2, 1099, and K-1 forms, in your possession or control for the past 3 years. 2. Income Information. Current income information, including payroll stubs and all other evidence of income since the filing of your last tax return. 3. Banking Information. All monthly bank statements, passbooks, check registers, deposit slips, canceled checks, and bank charge notices on personal and business accounts, certificates of deposit, and money market and retirement accounts from banks, savings and loan institutions, credit unions, or other institutions in which you or your spouse has an interest. 4. Financial Statements submitted to banks, lending institutions, or any other persons or entities, which were prepared by you or your spouse at any time during the last five (5) years. 5. Any Loan Applications made within the last five (5) years. 6. Pension, Profit Sharing, Deferred Compensation Agreement, and Retirement Plans or any other kind of plan owned by you or by any corporation in which you or your spouse has been a participant during the marriage, including annual statements. 7. Life Insurance or certificate of life insurance policies now in existence, insuring your life or the life of your spouse, and statements of the cash value, if available. 8. General Insurance. Copies of insurance policies, including, but not limited to, annuities, health, accident, casualty, motor vehicles of any kind, property liability, including contents. 9. Outstanding Debts. Documents reflecting all debts owed to you or by you, secured or unsecured, including personal loans, credit card statements, and lawsuits pending or previously filed in any court. 10. We will need additional information relevant to a custody dispute, and our legal assistant will provide specific instructions for you after your attorney reviews your case. ARE YOU SURE YOU WANT TO FILE FOR DIVORCE? In Divorce actions, if the topic of reconciliation arises, we are not questioning or judging your decision with respect to the divorce. We encourage clients to explore alternatives, and we are supportive of your decision if you do not wish to pursue a divorce. If you do not wish to officially dissolve your marriage, you have the option of a legal Separation. Orders can be made for custody, visitation, child support and property and debt division without actually terminating the marriage. If you have any questions for us, or would like information about setting up an appointment, please Click Here. The Oklahoma Bar Association publishes a very informative brochure on Divorce. Click Is Divorce the Answer For You? for additional information on Divorce in Oklahoma. "ATTORNEYS HELPING DADS"Thank you for visiting our site. We are the original Father's Parental Rights Law Center, established by Oklahoma Attorneys Jay F. McCown and Tamra A. Spradlin with the mission to give Dads a voice in Court. Our Attorneys have over 45 years of experience representing Fathers in Family Law litigation including: Divorce; (Contested and Uncontested), Child Custody, Child Support, Visitation, Modification, Visitation Enforcement Issues; DHS cases, Guardianship, Relocation and Paternity. We understand the concerns of Fathers and will work to protect and preserve your rights to your child(ren).
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Cities and Counties we serve: Our office is conveniently located in Oklahoma City, and we provide legal representation in all 77 counties in the state of Oklahoma. If you are unable to travel to Oklahoma City to meet with one of our attorneys, we offer a telephone appointment for your convenience.
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No portion of this site may be reproduced in any manner without the express written consent of the Father's Parental Rights Law Center of Oklahoma.
The information contained within this site is for general information purposes and is not intended to create an attorney/client relationship. Copyright 2012 All rights are reserved.
3428 NW 178th, Edmond OK 73012
Jay F. McCown, Tamra A. Spradlin
No portion of this site may be reproduced in any manner without the express written consent of the Father's Parental Rights Law Center of Oklahoma.
The information contained within this site is for general information purposes and is not intended to create an attorney/client relationship. Copyright 2012 All rights are reserved.
3428 NW 178th, Edmond OK 73012
Jay F. McCown, Tamra A. Spradlin