RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceSection 2005.1 requires that postjudgment motions in divorce cases be served the same way a summons is served under Section 2004, rather than by the simpler methods normally used for post-petition papers.

Full Text of § 2005.1

Text size

All postjudgment motions pertaining to divorce proceedings shall be served in accordance with subsection C of Section 2004 of Title 12 of the Oklahoma Statutes.

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.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: oklahoma postjudgment divorce motion service12 O.S. § 2005.1serving motion to modify divorce decree oklahoma