Oklahoma Uncontested Divorce without Children

Uncontested divorces without minor children are relatively easy and can be finalized as early as 10 days after the divorce petition is filed in court. The defendant (non-filing spouse) can sign a waiver consenting to the divorce and waiving their right to appear in court. This allows the plaintiff to finalize their divorce without the defendant having to appear in court. This type of divorce is typically referred to as an "Oklahoma waiver divorce."

Oklahoma Uncontested Divorce with Children

Although they typically take longer, uncontested divorces with minor children in Oklahoma can also be finalized as early as 10 days after the divorce is filed in court. There is a 90-day waiting period in cases involving children, but this waiting period may be waived if the appropriate documents are filed with the court. The parties must mutually agree on issues of child custody, child support, and health insurance. If an agreement on these issues can't be reached, the parties may request that the Court decide these matters.

The Process for Filing an Uncontested Divorce in Oklahoma

An uncontested divorce in Oklahoma is started by filing a completed petition for divorce with the court clerk. The divorce petition can be filed in the county where the plaintiff resides or in the county where the defendant resides. After the divorce petition is filed with the court, the plaintiff must serve the defendant with a copy of the divorce petition and a summons. Legal service of the divorce upon the defendant can be completed by the sheriff, a private process server, or by certified mail. Alternatively, the defendant can sign a form and waive service, thus bypassing the service process. Hence, legally serving the defendant with the divorce papers is unnecessary when the defendant is willing to sign a waiver form. The waiver form signed by the defendant can be filed 24 hours after the divorce petition is filed with the court clerk. In cases where there are minor children, a marital settlement and child custody agreement must also be filed with the divorce petition. These agreements dispose of issues such as division of property, debts, retirement benefits, spousal support, child custody, child support, and health insurance. Also, both spouses can sign a form and waive the 90-day waiting period which applies in all Oklahoma divorces with minor children.

Finalizing the Divorce

An uncontested divorce is finalized by the plaintiff appearing at a court hearing. In cases where the defendant has signed a waiver, the defendant does not have to appear at the court hearing. The judge will usually ask some questions such as if the marriage to the defendant is incompatible and whether or not there is hope for reconciliation of marriage. If all the paperwork is in order, the judge will dissolve the marriage by signing a final decree of divorce. A copy of the final divorce decree must be mailed or hand-delivered to the defendant. Oklahoma law prohibits the parties from remarrying for a period of 6 months unless it's to each other.

Child Custody and Visitation in Oklahoma

Legal Custody in Oklahoma

Legal custody pertains to who actively participates in major decisions concerning the upbringing of the child. Determination of legal custody is based on the child's best interest. (Oklahoma Statute 43 O.S. §109). Joint Legal Custody involves both parents actively participating in major decisions affecting the child, while Sole Legal Custody grants decision-making authority to one parent only. In Oklahoma, joint legal custody is generally presumed to serve the child's best interest unless proven otherwise. [Oklahoma Statute §43-110.1].

Physical Custody in Oklahoma

Physical custody designates the primary residence of the children, with the other parent granted visitation rights as outlined below. In Oklahoma, the non-custodial parent typically enjoys the same visitation rights regardless of whether sole custody or joint custody is decreed in the divorce decree. Exceptions exist, such as cases involving a history of domestic violence.

Visitation

Visitation arrangements can be mutually agreed upon by both parents and may be modified with mutual consent. Essentially, parents retain control over visitation provided they reach a consensus and it aligns with the child's best interests. If agreement cannot be reached, the court will mandate a specific visitation schedule. The state offers visitation guidelines, and many parents opt to adhere to the standard guideline visitation schedule, detailed further in divorce documentation.

Child Support

Child support is set based on the parties income. You can determine how much child support will be paid before your divorce is filed by using Oklahoma's official child support calculator. Child support in Oklahoma typically ceases at age 18. However, if the child is enrolled full-time in high school, support obligations extend until graduation or age 20, whichever occurs first. (Oklahoma Statute 43 § 112).