Uncontested Divorce in Oklahoma: A Step-by-Step Guide

An uncontested divorce, also known as a "waiver divorce," is a legal procedure that dissolves a marriage when both spouses agree on allof the terms, including property division, child custody (if applicable), and spousal support. Here's a detailed breakdown of the steps involved:

  • Residency Requirements: To file for divorce in Oklahoma, you or your spouse must have lived in the state for at least the past six months, and in the county where you're filing for at least the past 30 days.
  • Initiating the Process: The divorce process begins by filing a petition for dissolution of marriage with the district court clerk in the appropriate county. This petition outlines the grounds for divorce (typically incompatibility in uncontested cases) and your desired outcomes regarding property division, debt allocation, and child custody/support (if applicable).
  • Serving the Petition: Once the petition is filed, your spouse must be served with a copy along with a summons. This officially notifies them of the divorce filing. Service can be done by the sheriff, a private process server, or certified mail.
  • Waiver of Service: As an alternative to formal service, your spouse can sign a waiver of service, acknowledging receipt of the petition and summons. This expedites the process by eliminating the need for formal service. The waiver can be filed 24 hours after you file the petition. If your spouse will sign a waiver he or she will never have to appear in court!
  • Marital Settlement Agreement (MSA): If you have a divorce with minor children, you and your spouse will need to create a comprehensive MSA that addresses child custody, visitation schedules, child support calculations, and dental and health insurance arrangements for the children. We ensure that all the necessary forms are included and prepared properly if there are children involved.
  • Waiting Period: If there are mimor children, Oklahoma has a 90-day waiting period after the divorce petition is filed (or after the waiver of service is filed) before a judge can finalize the divorce. This waiting period can be waived if both spouses agree in writing. In cases where there are no minor children, the waiting period is only ten (10) days from the date the divorce petition is filed in court. In either case, we ensure that all the waiver forms are prepared so that your divorce can be finalized as promptly as possible.
  • Final Hearing: If the defendant has signed the appropriate forms, he or she will not even need to appear in court for a hearing. The judge will review the petition, MSA (if applicable) to ensure everything is in order before finalizing the divorce. In some cases, a brief hearing may be required, and the judge may ask the Plaintiff a few questions.
  • Decree of Divorce: Upon approval by the judge, a decree of divorce (final judgment) will be issued, officially dissolving the marriage and outlining the agreed-upon terms.

Additional Considerations

  • The filing fee for a divorce in Oklahoma is about $180. If the filing spouse is unemployed or on a fixed income he or she may ask the court to waive the filing fee. We provide the forms necessary for waiving the filing fee for no addition cost.
  • In cases where the defendant cannot be located, an uncontested divorce can still be achieved by publication.
  • Even if the defendant won't sign the papers, it is still possible to get an uncontested divorce by using the legal methods of service.

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 is to each other.

Start your Oklahoma Uncontested divorce online or by phone today!

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