1.. Waiver of Summons
2.. Notice of Summons
3. Publication Notice
1. WAIVER OF SUMMONS AND ENTRY OF GENERAL APPEARANCE-Take all of your court documents to the court clerk’s office. The court clerk will keep only what they need to (the original Petition), stamp a case number on all the court paperwork, and hand the remaining court paperwork back to you. The court's filing fee using a Waiver of Summons is $252.14.
PARENTING PLAN CONFERENCE-A Parenting Plan Conference Hearing with the Judge, in some counties, (such as Tulsa County) is required. The court clerk will set a hearing with the Judge for both you and spouse which will take place approximately 2 to 3 weeks after your divorce case has been opened at the courthouse.
HELPING CHILDREN COPE WITH DIVORCE SEMINAR
Some counties, such as Tulsa County, require that the parents of minor children each attend a mandatory seminar called Helping Children Cope with Divorce.
Click on the link at the bottom of this page for more information about the Helping Children Cope with Divorce Seminar.
The earliest that your spouse can sign their consent to the Waiver of Summons and Entry of General Appearance, in front of notary, is: 24 hours after the Court Clerk, in the county that you reside in, has opened your divorce case.
You will take your spouse’s signed and notarized Waiver back to the court clerk’s office and record it.
Now wait at least 91 days, from the day you filed the original Petition, before you go back to the courthouse to see the Judge to have your divorce granted.
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2. NOTICE OF SUMMONS-If your spouse will not sign the Waiver you will need to have your spouse served a Summons. The court's filing fee using a summons is $262.14. You will have to hire the sheriff or a private process server to serve the summons. Process Serving Fees start at around $60.00 and go up from there.
Your spouse has 91 days from the date of service to file a written answer in the court clerk’s office to stop you from having your divorce granted. You cannot get your divorce granted if this happens and will have to contact an attorney to proceed.
However, if your spouse does not file a written answer with the court clerk within 91 days from the day they are served, then, depending on the county in Oklahoma that you live in you may be able to go before the Judge to have your divorce granted. Several counties in Oklahoma require an additional court hearing be set. This hearing is called a Motion for Default Hearing which will cost you additional money involving a Process Server to serve your spouse with a copy of the future court date.
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3.PUBLICATION NOTICE-If you cannot find your spouse to have him/her served with a summons you will need to use a Publication. The court's filing fee using a Publication is $262.14 cash only. You must hire a Process Server or Sheriff to serve a Summons at your spouse’s last known address. The process serving fee starts at around $60.00 and goes up from there. You also must persuade your Case Judge, to sign a court order, to allow you to publicize in the newspaper.
The newspaper in Tulsa County charges $89.00 cash only to run the Publication Notice if your Case Judge will sign a court order allowing you to publish the Publication Notice in the newspaper.
The Publication Notice runs for a period of 90 days if the Judge grants your request to serve your spouse by Publication Notice.
As you can see it is quicker and less costly if you can get your spouse to sign a Waiver.
