If you're considering an uncontested divorce in Oklahoma, we have all the information you need to know before filing. Uncontested divorces are generally faster and less emotionally taxing than contested ones, making them an appealing option for many divorcing couples. We'll walk you through the process of obtaining an uncontested divorce in Oklahoma, covering filing requirements, waiting periods, and key information you need to know.
An uncontested divorce occurs when both spouses agree on all aspects of the divorce, including property and debt division, child custody, child support, and alimony. This mutual agreement simplifies the divorce process significantly. Another type of uncontested divorce is one where one spouse files for divorce and the other spouse doesn't respond. This type of uncontested divorce can be accomplished by having the non-filing spouse legally served with a summons. If the non-filing spouse doesn't respond within 20 days of being served, the divorce is finalized without the other spouse's signature. These is also commonly known as a "default judgement for divorce." Hence, it is possible to get an uncontested divorce in Oklahoma even if one spouse isn't willing to sign any paperwork.
To file for divorce in Oklahoma, at least one spouse must have been a resident of the state of Oklahoma for six months preceding the filing. The divorce can be filed in the county where the filing spouse resides. The filing spouse must have been a resident of the county for at least thirty days.
2. Grounds for Divorce:
Oklahoma allows for no-fault divorces, meaning you don't need to prove wrongdoing by either spouse. The no-fault ground for an Oklahoma uncontested divorce is "incompatibility". Hence, a divorce in Oklahoma can be granted simply because the spouses don't get along.
3. Legal Separation:
Unlike other states that require physical separation, in Oklahoma you do not have be living separate and apart from your spouse in order to get a divorce. Both spouses can live in the same household before filing for the divorce.
1. Gather Necessary Information
When filing for a divorce in Oklahoma, you will need to know the date of the marriage, and in what county and state the marriage was recorded in (where the marriage liscense was obtained). The approximate date of separation must also provided in the divorce papers. For the date of separation, that would be the date that you decided that your marriage was incompatible- not necessarily when you physically separated from your spouse.
2. Prepare the Divorce Petition:
You or your attorney will need to prepare a Petition for Divorce. This document outlines your agreement on issues like property, custody, and support. The petition for divorce must also establish jurisdiction by fulfilling the residency requirements, and it must state a ground for divorce. If these issues are not addressed the court will not have jurisdiction to hear the divorce.
3. File the Petition:
File the divorce petition with the district court in the county where either you or your spouse resides. The filing fee for a divorce in Oklahoma is about $240. You'll need to pay this filing fee or submit an application to waiver the filing fee. If the spouse filing for divorce is unemployed or on a fixed income the court can waive the filing fee.
4. File the Waiver or Serve Your Spouse:
Twenty-four hours after the divorce petition is filed, the filing spouse can file the “Entry of Appearance and Waiver of service” signed by the other spouse. If the non-filing spouse will sign this document, it allows the filing spouse to finalize the divorce without the other spouse having to appear in court. If the non-filing refuses to sign the waiver form, then he or she must be served with the divorce petition and summons. They will have a specific time frame to respond (20 days). If the non-filing spouse doesn’t respond after being served, the divorce is finalized by default. This is also commonly known as a “default judgment for divorce.”
In Oklahoma, there is a 10-day waiting period after filing before the judge can grant the divorce. If there are minor children involved, there is a 90-day waiting period. However, the 90- day waiting period can be waived by the judge if both parties agree and present the appropriate forms.
6. Final Hearing:
To finalize a divorce in Oklahoma the party filing the divorce must appear at a final court hearing. If the other spouse has signed a waiver, he or she will not have to appear at the final court hearing. If the other spouse was served and has not responded, a default judgement for divorce can be entered.
7. Divorce Decree:
Once the judge approves the divorce, you will receive a divorce decree that formally dissolves the marriage. A copy of the divorce decree must be provided to the non-filing spouse. After the decree has been entered, the parties cannot remarry for a period of six months, except to each other.
Uncontested divorces in Oklahoma offer several advantages:
They are generally less expensive than contested divorces due to reduced legal fees and court costs.
Uncontested divorces often conclude more quickly, allowing both parties to move on with their lives.
Since you and your spouse are in agreement, the divorce process is typically less emotionally draining.
Control Over the Outcome:
You retain control over the terms of your divorce, rather than leaving decisions to the court.
If you and your spouse are on amicable terms and can agree on the terms of your divorce, pursuing an uncontested divorce in Oklahoma can be a practical and efficient choice. However, it's advisable to consult with an attorney or use a reputable divorce preparation service to ensure that all legal requirements are met and your interests are protected throughout the process.
In the heart of Oklahoma, navigating the complexities of divorce can be a daunting task. However, when it comes to uncontested divorces, there's a hidden gem that many may overlook: non-attorney services. In this article, we'll delve into the unique advantages of choosing a non-attorney service to prepare the necessary forms for your uncontested divorce in the Sooner State.
Legal representation can be expensive. By opting for a non-attorney service, you can significantly reduce your expenses while ensuring that all the required paperwork is properly prepared and filed. This can be a game-changer for couples looking to minimize financial strain during an already emotionally taxing period.
2. Streamlined Process:
Non-attorney services specialize in handling divorce paperwork efficiently and accurately. They are well-versed in the specific requirements of Oklahoma divorce forms, making the entire process smoother and faster. This allows you to move on with your life sooner rather than later.
3. Unbiased Guidance:
While attorneys offer valuable legal advice, they may inadvertently steer divorcing couples toward contested proceedings, as they profit from lengthy legal battles. Non-attorney services focus solely on preparing the documents, ensuring that your uncontested divorce remains uncontested, saving you both time and stress.
4. Privacy and Confidentiality:
Using a non-attorney service can also provide a degree of privacy that you might not get with traditional legal representation. Your personal matters remain confidential, as non-attorney services are not bound by attorney-client privilege.
Non-attorney services are often more accessible, both in terms of cost and availability. They cater to a wide range of clients, making their services accessible to many couples seeking uncontested divorces in Oklahoma.
6. Customized Solutions:
Every divorce case is unique, and non-attorney services can adapt to your specific needs. They can help you customize the forms to address your individual circumstances, ensuring that everything is correctly documented.
7. Support Throughout the Process:
Many non-attorney services provide ongoing support and guidance, answering questions and addressing concerns as they arise. This can be particularly reassuring during a time when you may have many uncertainties.
In conclusion, when considering an uncontested divorce in Oklahoma, it's worth exploring the benefits of non-attorney services. These services offer cost-effective, efficient, and tailored solutions to streamline the divorce process, allowing you to move forward with your life more quickly and with less financial strain.
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