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How to start a divorce procedure?


Admin - November 1, 2018 - 0 comments

It is essential to know how to start a divorce procedure before embarking on the process. The first thing to do, regardless of the type of divorce is to file the court petition on your own. One or both spouses must request the opening of the procedure for divorce in Oklahoma. The petition is sent to the family judge of the applicant spouse. This request specifies the type of divorce requested. The spouses are then summoned to a conciliation hearing. This hearing is intended to reconcile the spouses on the principle and the consequences of the divorce. If the spouses do not reconcile at this stage, a non-conciliation order is made. Within 3 months after this order, the applicant spouse must sue another spouse. The assignment is written by the lawyer and handed over by a bailiff to the other spouse.

What documents to provide for the divorce application?

During this hearing, each spouse expresses their wishes. The judge then determines the terms and measures to be put in place after the divorce. The petition for divorce must be accompanied by numerous documents. You will have to collect them and send them to your lawyer so that you can send the petition to the family judge. On the other hand, you can enter via a form the family judge without the help of a lawyer if you want to modify the measures set by the judge at the time of the divorce. The list of documents varies according to whether it is a divorce by mutual consent or a contentious divorce. The following is the list of documents to be provided in a mutual consent divorce application,

  • Family record book
  • Full photocopy of the marriage certificate less than three months old
  • Photocopy of the transcription of the marriage certificate if the marriage was celebrated abroad
  • Full photocopy of the birth certificates of the two spouses, less than three months old
  • A complete photocopy of the birth certificates of your children less than three months old
  • The photocopy of the marriage contract if you have one
  • The photocopy of your two pieces of identification and your two vital cards
  • Your last tax notice
  • Your proof of residence less than three months old
  • Your proof of credits if there are any (consumer credits + mortgages)
  • Acts of sale or purchase of real estate where applicable

Conclusion: is divorce without lawyer possible?

If it is a contentious divorce then you must add in addition to the list above, the details of your two pension funds, the list, the number, the amount and the origin of the sums of your different accounts, the list of donations you have given each other, life insurance contracts. The summons marks the beginning of the hearings and ends with a judgment which homologates the divorce and foresees the consequences. Divorce without lawyer is not possible. But it is not mandatory that you have to hire a lawyer. If you are not able to fund your case proceedings you can file the petition with 4 simple steps in front of the honorable court. You can ask for lower the case fees.

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