Family law involves some of the most vulnerable individuals. When someone comes into family law offices for issues like divorce, custody, parentage or for a child support modification, they do so under stressful circumstances. This is common knowledge since most people are unaware of the process itself.
It is easy to understand why this happens. Individuals usually come across family lawyers in Oklahoma when they have started working on their cases already. Having an idea of how the process is supposed to work is helpful and can make things easier to handle. The following article will explain what happens throughout a family law process and the roles of the professionals that usually get involved.
What Family Law Covers
Family law covers areas that are not included in divorce alone. These areas include:
- Divorce and separation
- Custody and visitation rights
- Support payments
- Paternity
- Adoption and guardianship
- Protective orders
- Property division
- Modification of orders
Stage 1: Filing and Notice
A case is initiated through the filing of a petition by one party in the court. The second party is required to be notified officially and has a specific time frame within which to respond. There are residency requirements and waiting periods that are applied in divorce cases; the residency requirements and waiting periods depend on whether there are minor children involved in the divorce case or not. At this point, an attorney advises on the available options and files the appropriate paperwork.
Stage 2: Temporary Orders
A case takes time to conclude, and meanwhile people continue with their day-to-day lives. The court can grant temporary relief in cases such as where children will reside, custody arrangements, temporary maintenance and who will occupy the matrimonial home. These decisions are not permanent but are likely to influence future decisions; hence their importance.
Stage 3: Gathering Information
Generally, both the parties give an account of their income, assets, debts, and expenses. It is usually the most tedious part. The following documents are often used:
- W-2 forms and tax statements
- Savings accounts, brokerage and retirement accounts statements
- Loan and mortgage documents
- Vehicle and real estate deeds
- Insurance details
Stage 4: Negotiation and Mediation
The majority of cases that involve families are settled out of court. During mediation, an independent third party assists in helping the two parties come up with a settlement. This provides individuals with more control over the situation than having the case heard in court, involves less money, and will preserve any working relationship, which is most important in child-related cases. The lawyers will advise on the reasonableness of an offer.
Stage 5: Trial, If Needed
If the settlement process fails, then the case will be decided by the judge. Both parties provide evidence, witnesses and financial documents, and the judge rules according to the law on the presented facts. The trial is a much slower, costly and unpredictable process compared to an agreement.
How Oklahoma Courts Approach the Big Questions
Similar to the majority of states, custody and visitation determinations in Oklahoma will be based upon what is in the best interest of the child. Some considerations will include each parent’s capability to care for their children, as well as stability and the needs of the child. Under Oklahoma law, the marital property will be divided based upon an equitable distribution system. The child support will be calculated according to the statute guidelines, taking into account the income of both parents.
After the Final Order
The final decree will solve all the problems, yet life continues. The loss of employment, a move or a drastic change in a child’s requirements may be considered valid reasons for seeking a modification of a support order or parenting plan from the courts. Failure to abide by an agreement can prompt one to seek enforcement of the same.
How to Prepare
- Get your papers ready. Lack of documentation means delays.
- Maintain decorum in all forms of communication. Use written communication if possible, never use kids to send messages.
- Watch what you post online. Online posts may serve as proof.
- Document yourself. Account for expenses and active participation in the kids’ schedules.
- Have some questions written down. A well-prepared meeting goes much better.
- Don’t make large financial decisions without consulting an attorney, such as moving money around or closing bank accounts.
Frequently Asked Questions
How long does a family law case take?
That will depend on how complex it is, whether there are disputes involved, and the docket of the court. Uncontested cases are usually quicker to resolve than disputed ones.
Do all cases go to trial?
No. Most are resolved through negotiation or mediation.
Can court orders be changed later?
Usually yes, when there has been a material change of circumstances, although courts use particular criteria.
The Bottom Line
A case in family law involves various phases. Knowing what these are and having all your documents in order beforehand will set you on better footing from the beginning. This information is provided in general terms; however, for guidance on your individual situation, consult an attorney licensed to practice in your state.
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