Uncontested Divorce in Oklahoma with Minor Children
When children are involved, navigating the uncontested divorce with children process in Oklahoma requires precise documentation regarding custody, support, and visitation. Ready Divorce Service specializes in preparing these crucial, court-ready forms accurately and affordably.
Mandatory 90-Day Waiting Period (Child Cases)
Oklahoma law enforces a mandatory 90-day waiting period before a judge can grant a final divorce decree when minor children are involved. This time is intended as a cooling-off period for the parents.
Waiver of the 90-Day Period
While the 10-day waiting period for divorces with no children is standard, the 90-day waiting period is rarely waived and only occurs under exceptional circumstances. The judge must find "good cause" to shorten the time, such as documented cases of:
- Domestic abuse or abandonment.
- One spouse is incarcerated on felony charges.
- The parties have already completed marriage or family counseling and reconciliation is unlikely.
*In most uncontested divorces with children, the full 90-day period will apply.*
The Three Key Agreements You Must Finalize
For your divorce to remain uncontested, you and your spouse must have a complete agreement on the following issues, which we formalize in your Marital Settlement Agreement and Final Decree:
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Child Custody and Visitation (Co-Parenting Plan)
This covers Legal Custody (decision-making authority over education, healthcare, and religion) and Physical Custody (the child's residential schedule). Oklahoma courts favor arrangements that ensure frequent and continuing contact with both parents.
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Child Support Calculation
Child support is calculated strictly according to the Oklahoma Child Support Guidelines, based on the parents' combined income and the number of overnight visits each parent has. Parents cannot waive their obligation to pay support, and any agreed-upon amount must be approved by the court.
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Division of Assets and Debts
Although related to the parents, this agreement is crucial. It must clearly outline how all property (including the marital home, retirement funds, and bank accounts) and debts acquired during the marriage will be divided.
Additional Requirements for Parents
- Mandatory Divorce Parenting Class: Both parents are typically required to complete an approved parenting education class to help them understand the impact of divorce on children.
- Financial Affidavit: Both parties must provide detailed financial information to the court, which is used to verify the child support calculation.
- Filing Fees: The court filing fee (approximately $250-$300, varying by county) must be paid, though a Pauper's Affidavit can be filed to request a waiver due to financial hardship.
Ready Divorce Service: Your Solution for Uncontested Divorce with Children
Our service provides all the customized, court-ready documents required for your Oklahoma uncontested divorce with children, including the Petition, Summons/Waiver, Marital Settlement Agreement, Child Support Computation, and Final Decree. We ensure your forms are accurate, reducing the chance of rejection by the court.
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