Legal Question in Family Law in Oklahoma
Husband walked out on me out of the blue. Almost two years later he has filed for divorce. He has his family helping him financially along with a well paying job. I am learning a new trade and have not worked in almost a year. He has an attorney and presented me with divorce papers. I am unable to afford an attorney. Although I agreed with most of the items presented in papers there were a couple that I wished to be changed. He had one item changed and told me that I could lump the rest. If I do
not sign them immediately he will go back and have his lawyers change them to were he will try for everything.
Can I be forced into signing them on his timeline? Since I can not afford legal representation and want some things changed in papers and he will not agree to change them what do I do or what can I do?
1 Answer from Attorneys
No. Apparentlly you have called your husbands' litigation into question or challenged his Petition for Divorce. This legal term for this is "Contested."
It is not uncommon for citizens to act on their own behalf in court. All you will need to do is deny his claims and assert a defense by filiing an "Answer" to his Petition for Divorce. If you do not have an attorne you can file it "Pro Se." This means that you are filing on your own behalf.
According to the Rule of Civil Procedures you should be allowed 20-days from the "Service" date to file your answer .The "Service" date should be included on your "Summons." It is date your were served. The court should not charge you to filing this answer to his paperwork or petition.
However, you must make sure a copy was sent to the "Plaintiff",[nor your husband's Attorney] and get it stamped in by the court. You can send the Plaintifff or his attorney a copy by "Certified" or "Registered" mail and make sure a copy of this mailing is included in your case file. Additionally, you must appear at any scheduled hearings. This will give you an opportunity to state your claims or voice any disagreements with the terms outlined in the divorce.
Either way, your husband or his attorney cannot be legally force you to file a Waiver for Divorce and you have a right to contest your husbands claims or petitions. But you must response timely manner or within time allotted and attended the scheduled hearings.
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