How to Proceed If Your Spouse Doesn’t Answer a Petition in Oklahoma
What happens if my spouse or significant other fails to respond to a petition? Hi, my name is Heath Davis and I’m an attorney here in Tulsa, Oklahoma. We often get the question if I engage an attorney and we file a petition for dissolution of marriage or a petition of paternity, what happens after that? Typically, when we first file that document, we also ask the court for what is called a summons. A summons is the documentation that effectively tells the court that that person has been served pursuant to the statute.
That summons is then filed with the court and engages a process of 20 days in which the other party has to respond to that initial petition. Oftentimes, there are parties who refuse to engage in the judicial process. They don’t want to get involved for various reasons. They may not want a divorce. They may not want you to have access to the minor children. However, in Oklahoma, we are fortunate enough that they cannot simply stonewall that process.
Seeking a Default Judgment
So, if a party fails to respond within that 20 days, you have the option to file what we call a motion for a default judgment. A motion for default judgment notifies the other party that hey, we are seeking this default judgment. You have failed to cooperate in the judicial proceedings and the court then has the ability to grant you that default judgment, which authorizes the relief that you had requested in the petition. So, if one party is unnecessarily delaying or they don’t want to engage, there are remedies out there that we can find some closure for your case.
Contact Us for a Low-Cost Initial Strategy Session
If you are facing a situation where your spouse or significant other has failed to respond to a divorce or paternity petition, don’t hesitate to reach out to a experienced divorce attorney in Tulsa. At Tulsa Fathers Rights Lawyer, we offer a low-cost initial strategy session to discuss your options and determine the best course of action for your specific situation. Contact us today at 918-986-7724 to schedule your consultation. We are here to help you navigate the legal process and ensure your rights are protected.
