When it comes to divorce, there are several terms, procedures and documents that are confusing to navigate if you’re unfamiliar with the process. As you may have guessed, this includes no-fault and uncontested divorce.
A no-fault divorce refers to the grounds for divorce, usually separation, incompatibility or the irretrievable breakdown of the marriage. In any case, neither spouse is holding the other responsible. An uncontested divorce refers to the level of agreement between spouses regarding the grounds for divorce.
While fault divorces can be uncontested where one spouse admits fault for the destruction of the marriage, it’s more common for no-fault divorces to be uncontested since neither party is assigning blame.
What is Uncontested Divorce?
An uncontested divorce is simply a divorce where the parties agree on all the terms of the divorce. They agree on issues such as spousal support, child custody and visitation along with the division of property and debts. This agreement can come at any point in the divorce process prior to the actual final hearing on a divorce.
How to Get an Uncontested Divorce
To get an uncontested divorce in Oklahoma, you’ll first need to meet the residency requirements for the state. From there, you (the petitioner) will file with the county clerk, pay a filing fee and have the paperwork served to the other party (the respondent).
After the Petition is finalized, you will need to wait at least 10 days for the divorce to be finalized if you have no children. If you have children, you will be required to wait at least 90 days from the date of the Petition before the divorce can be finalized.
1. Petition for Divorce
Completing the divorce petition starts running the clock on your waiting period. During this time, spouses aren’t permitted to take any children out of state, sell any property, borrow against property or sell insurance held for their spouse. It also sets automatic restraining orders and helps establish the date of separation.
2. Parenting Class
When a divorce involves children, the parents are required to take a Divorce and Children Class that usually lasts about four hours. Almost all counties require that the parents take the class in person as opposed to online. The parties must present the Certificate of Completion to the judge for the class they have taken.
3. Final Decree of Dissolution of Marriage
When the parties have agreed on all issues a Final Decree of Dissolution of Marriage will be drafted reflecting the agreement. A Marital Settlement Agreement may be attached to the Final Decree or the agreement may just be reflected by the text of the Decree. The decree divides property, assets, debts and liabilities as well as settles any matters of child support, custody and visitation.
We recommend consulting an attorney before signing a Final Decree of Dissolution of Marriage in all circumstances. This is especially important when custody and child support issues or division of high value assets such as a home, pension or 401K are part of a divorce.
Whether you’re going through a contested or uncontested divorce, you can protect yourself with the help of an experienced divorce attorney. Familiar with the paperwork, they’ll ensure it’s being filed and served correctly. To learn more about an uncontested divorce, reach out to our trusted team at (405) 701-5355.
Sitting Down and Asking the Right Questions Can Bring Clarity to a Divorce Conversation
In this free checklist, we address 30 key questions for you and your spouse to discuss before signing the dotted line. Click below to access your free copy now.