Oklahoma City Oklahoma Summons and Notice of Automatic Temporary Injunction
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FAQ
Temporary orders are not insignificant in an Oklahoma divorce, since the proceedings can last for years. The orders remain in effect as long as a final divorce order (a.k.a. decree) has not been issued. Though it may seem easy to get a temporary order, it is not something quickly done by one who is not trained.
It is issued at the request of a party who is concerned that the other party may take some action which would defeat the purpose of filing the lawsuit, such as selling or destroying disputed property.
The Response The respondent must file a legal response to the petition within 20 days after being served. The respondent files what is known as an answer to the petition.
If the motion does not comply with the requirements of b and c above, the motion may be denied without a hearing, and if a responsive pleading is required, the moving party shall serve any pertinent responsive pleading within twenty (20) days after notice of the court's action.
I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from , the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
A temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -XXXIX of CPC and may be granted at any stage of the suit.
Every state issues an automatic temporary injunction when a divorce petition is filed. An injunction can do two things. It either prohibits a person from engaging in an action or set of actions, or it ensures that a party engages in an action or set of actions.
A temporary injunction is a provisional relief that aims to protect the subject matter in the existing condition, without the defendant's interference or threat. It aims to protect the plaintiff from getting disposed off, or his property (subject matter) being destroyed or harmed, or from any injury to the plaintiff.
If the respondent has not returned the acknowledgement of service to the court within 14 days of it being posted to them, and you reasonably believe that they are still living at that address, you may be able to ask the court bailiff to serve them personally.
In Oklahoma you have 20 days to respond to the divorce petition by filing an answer and counter-petition, from the date you were served with the divorce petition.