Automatic Document Exchange Now Required In New Oklahoma Divorce Cases

Oklahoma law now requires an automatic document exchange between parties to a divorce case.  When a respondent is served with a summons, or when the respondent files any response, a thirty-day countdown starts.  Within that time, unless otherwise agreed by the parties in writing, the petitioner and respondent must each deliver to the other the following documents:

(1) the federal and state income tax returns of each party for the past two years, and any nonpublic, limited partnership and privately held corporate returns for any entity in which either party has an interest, together with all supporting documentation for the tax returns.  If a return is not completed at the time of disclosure, the parties shall provide the documents necessary to prepare the tax return of the party.

(2) two months of the most recent pay stubs from each employer for whom the party worked,

(3) statements for the past six months for all bank accounts held in the name of either party individually or jointly, or in the name of another person for the benefit of either party, or held by either party for the benefit of the minor child or children of the parties,

(4) documentation regarding the cost and nature of available health insurance coverage for the benefit of either party or the minor child or children of the parties,

(5) documentation regarding the cost and nature of employment or educationally related child care expenses incurred for the benefit of the minor child or children of the parties, and

(6) documentation regarding all debts in the name of either party individually or jointly, showing the most recent balance due and payment terms.

If you do not have or cannot get any of these documents within a month, you must sign an affidavit stating the specific document which is not available, the reasons the document is not available, and what efforts you made made to obtain the document. As more information becomes available, there is a continuing duty to supplement the disclosures.

Your lawyer needs this information as well.  It is good to exchange it sooner rather than later.  There will likely be more documents needed, including deeds to real estate, car titles, retirement account and cash value life insurance information.  They are not, however, part of the automatic document exchange required by law.

Source:  43 O.S. §110.

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