§ 2005.1.Service of Postjudgment Motions In Divorce Actions
Chapter 39: Oklahoma Pleading Code · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 2005.1
Amendment History
Added by Laws 1986, SB 366, c. 122, §1, emerg. eff. 8/1/1986.
Plain-English Summary
Ordinarily, once a case is pending, papers filed after the original petition go to the other side's attorney by mail or hand delivery under Section 2005. This short section carves out one exception: a motion filed after judgment in a divorce case -- asking to modify custody or support, for instance -- must be served the way a summons is served, following subsection C of Section 2004. That means the heightened formality that applies to starting a lawsuit, personal delivery, certified mail with return receipt, or, if necessary, publication, also applies to reopening a divorce judgment after the fact.
Frequently Asked Questions
Can a postjudgment motion in a divorce case be served just by mailing it to the other party's lawyer?
No -- Section 2005.1 requires service in the manner prescribed for a summons under subsection C of Section 2004, a stricter standard than ordinary Section 2005 service.
Why would divorce cases need summons-style service for postjudgment motions?
The heightened formality helps make sure the other party, who may no longer be represented by the same attorney, or by any attorney, once the divorce is final, receives notice before the court modifies the judgment.
Does this section apply to motions filed before the divorce decree is entered?
No -- by its own terms, Section 2005.1 covers postjudgment motions, ones filed after the divorce judgment, not motions made while the divorce case is still pending.