Statistics show that every year, more and more couples think about divorce. Relationships are destroyed, and sometimes the only way out of a difficult situation is a divorce. Although it is believed that marriage dissolution is a problematic and costly process, however, not all divorce cases are complicated. If spouses can cooperate in resolving major aspects of dissolution, they can get an uncontested divorce, which in Oklahoma can be finalized as little as ten days.
Overview of an Uncontested Divorce in Oklahoma
In all states, there are two main types of divorce, contested and uncontested, and Oklahoma is not an exception. A contested divorce occurs when spouses have disagreements and are unable to overcome it without the participation of a judge. For example, a husband and wife cannot divide custody of common children; in this case, the court will decide. The judge will consider all controversial issues that concern marriage and dissolution. And a divorce will be granted after all disagreements are settled, which is why it can be very long and exhausting. Also, in a contested dissolution, the spouses use lawyers to protect their interests before the court. As a result, divorce can cost a lot of money. But, for example, in an uncontested divorce, spouses can cope with everything without lawyers. Moreover, such a divorce ends much faster than a contested one.
An uncontested divorce implies the absence of any disputes between the spouses. It means that before the final decision is made, the husband and wife must find a compromise on all key aspects of the dissolution. Namely, to divide the marital property and custody of common minor children, as well as agree on alimony and spousal support. An uncontested divorce in Oklahoma takes about ten days from the moment a lawsuit is filed, and if the spouses have minor children, the period is extended to 90 days. However, if the husband and wife have no disagreement, and they do not need mediation to resolve disputes, they can also claim a 10-day divorce.
Oklahoma Divorce Papers
A divorce begins when one of the spouses submits documents to the court. In the case of uncontested divorce, the package of documents must contain the forms corresponding to the type of dissolution and the Settlement Agreement. The Settlement Agreement is a document signed by both spouses, which regulates the resolution of any controversial issues relating to divorce. In addition, it is also worth remembering that when filing a lawsuit in court, the claimant should have at least three copies of each form.
At a minimum, spouses must file the following documents:
- Petition for Divorce – the form that defines the parties, as well as the grounds for divorce.
- Domestic Relations Cover Sheet – the form that defines the action and profiles the parties in an action.
- Entry of Appearance and Waiver of Service – the form that the respondent must sign, thereby refusing to be served. With this form, spouses move faster to the final conclusion.
- Decree of Divorce – a form that ends a marriage when signed by a judge.
If the spouses have minor children, they will also need to submit additional divorce papers:
- Parenting Plan, which contains provisions for the separation of custody.
- Child Support Workshop – a document based on which the amount of financial support for a child is calculated.
- Financial Affidavit of both spouses to assess the level of financial position of each parent.
Filing for Divorce in Oklahoma
It’s allowed to file for divorce in Oklahoma, provided that the husband or wife lives in the state at least six months prior to filing a lawsuit. Moreover, in an uncontested divorce, spouses must have no-fault grounds that say that the spouses are incompatible because of what their marriage can no longer exist.
Spouses must file a lawsuit in the county where the husband or wife lives. To do this, a plaintiff must fill out all the necessary divorce forms and give them to the clerk, as well as pay a court fee. After the clerk accepts the papers, the claimant must hand over all copies to the defendant; this is called serving the spouse. If the defendant initially signs the Entry of Appearance and Waiver of Service, then the serving is not required. As a result, spouses may receive a final decision on divorce ten days from the moment of filing a lawsuit, and provided that they do not have common minor children. If the couple has children, then most likely the judge will require that parents go to parenting classes which aimed to help spouses and children cope with the trauma of divorce. In this case, the final decision on the divorce can be obtained not less than 90 days from the date of filing the claim. At the end of the waiting period, the court will set a date for the hearing at which the judge will grant a divorce.