Knowledge is power. Below you will find some valuable information which will empower you to prepare for the months ahead. You should read the valuable information first. After reading the information, then you should consult with two to three Tulsa Divorce Attorneys.
Steps of Divorce in the Greater Tulsa Area
For starters, when you are ready to speak to an Attorney, you can call our office (918-591-2566). Secondly, when you call our office, you should be prepared to provide a short summary of your situation. If it sounds like you will need an Attorney, we will schedule an initial interview. In some cases, you may not need an attorney, and we will advise you if this fits your situation.
The Initial Interview
The initial interview will last approximately 30-60 minutes. During the initial interview, you will discuss the facts of your case in detail. You will not need to bring any documentation to this initial interview.
During the initial interview you will discuss your options and both short-term and long-term strategies. Additionally, you will receive our Divorce Intake Sheet which is a thorough questionnaire pertaining to your situation. You will complete the Intake Sheet and return it to our office.
Subsequently, once we receive your completed Divorce Intake Sheet, we will draft your initial paperwork and file it at the Courthouse. The divorce process will then be underway.
The Attorney Retainer
You will be required to pay a retainer. The amount of the retainer will vary depending on which Tulsa Divorce Attorneys you speak with. The amount of the retainer will also be based on the expected complexity of your case. Retainers can be paid with checks, cash, money orders, cashier’s check, or credit card. You and the Attorney will discuss payment arrangements prior to the initial interview.
If the case is less complex than expected, you will receive a refund for the unused amount. If the case is more complex than expected, you will be asked to pay a higher retainer.
In addition to paying the Attorney Fee, you will be responsible for payment of court filing fees, mediation fees, and service of process fees.
Make Your Spouse Pay?
Want to make your spouse pay? There are two ways to accomplish this: Attorney Fees and Spousal Support.
The official rule on Attorney Fees can be found at § 110 of the Oklahoma Divorce Statutes. According to that statue:
Upon granting a Divorce, the presiding judge may require either party to pay such reasonable expenses of the other as may be just and proper under the circumstances.
What is “just and proper under the circumstances”? This depends on many variables: your employment, your spouse’s employment, your income, and your spouse’s income.
In laymen’s terms, Spousal Support is called “Alimony”.
The original rule on Alimony can be found at § 121 of the Oklahoma Divorce Statutes. It allowed the Judge to consider factors like sex, marital fault, and financial need. According to the original rule:
When Divorce is granted because of the fault or aggression of the husband, the wife…shall be awarded such Alimony out of the husband’s property as the course shall think reasonable.
The modern rule is quite a bit different. Under the modern rule, factors like sex and marital fault are no longer to be used as factors, and under no circumstances is Alimony to be used to punish the other spouse.
What factors are to be considered under the modern rule? Property acquired during the marriage, your employment, your spouse’s employment, your income, and your spouse’s income may be considered under the modern rule.
Parenting Plan Conference
Further, if you have minor children, your first court date will be a Parenting Plan Conference. Some District Courts refer to this step as “Family Orientation”. At the Parenting Plan Conference, you and your spouse will sit down and watch a video about helping your children cope with the rigors of divorce. After the video, we will conference with your spouse and your spouse’s Attorney about the possibility of reaching a Temporary Settlement. The Temporary Settlement may include issues such as Child Custody, Child Visitation, and Child Support.
If a Temporary Agreement cannot be reached at the Parenting Plan Conference, the matter will be set for a Hearing in front of the Judge. At the Hearing, a Judge will decide the temporary issues for you.
The Final Decree
The end goal of the divorce process is to obtain a Final Decree, at which point you are officially divorced. A Final Decree can be reached either by Agreement or by Trial.
A Final Decree is a VERY important legal document. Its terms will control your dealings between you and your ex-spouse for years into the future.
Tulsa Divorce Attorneys Like Mr. Ingham Are Here To Help You
In conclusion, if you need to speak with an Attorney, you can call Mr. Ingham. When you call, you will speak with the Paralegal. The Paralegal will ask you a few short questions about your case. You should please avoid ‘spewing’ the details of your case. Instead of ‘spewing’, just try to answer the Paralegal’s questions directly. Additionally, you should be sure to tell the Paralegal that you want to schedule a consult with Mr. Ingham. The number you can call is is below. Article