A 4 Step Guide to an Uncontested Divorce

‘We are gathered here to join the bride and groom in holy matrimony.’

Only, not all marriages last till death does them part. A couple may have many reasons to terminate their marriage. Divorce and separation can be stressful, but divorce attorneys observe that it is entirely possible to have a healthy divorce.

Contested Vs. Uncontested Divorce

When the couple cannot negotiate and come to a common agreement about the terms of the divorce, it is called a contested or litigated divorce. The law states that a spouse cannot refuse to let the divorce happen, but they certainly can make the process difficult.

This is when the court steps in. Divorce lawyers from both spouses present the proposed terms, and the judge decides the final settlement that both parties adhere to.

An uncontested divorce is when the spouses agree on all the terms. An important few include alimony, custody, and child support. An uncontested divorce is less emotionally draining in addition to being cheaper. In fact, a joint petition for divorce (as uncontested divorces are often called) costs less than $1500 in the state of Oklahoma.

Uncontested divorces allow both parties to have a say. Since the couple does not require to go through court hearings, the process is much swifter. It can even take as few as 30 days.

Steps to Filing for Uncontested Divorce

Step 1- File for Termination of Marriage

The divorce is initiated by filing for a petition of dissolution of marriage. The proposed terms are laid out. Note that one or both spouses must be living in Oklahoma for at least six months previous to the filing. They should also be living in the county for 30 days prior to the filing. The parties will need to pay a filing fee of around $200 (or less).

Step 2- Sign the Waiver of Summons

The other spouse who did not file for the divorce has the right to be notified that they have been sued for divorce. The respondent (spouse that did not file for divorce) is supposed to sign the waiver of summons and return it to the petitioner (spouse that filed for divorce)’s divorce attorney. The lawyer will then file the signed waiver of summons in the court.

Step 3 - Decree of Dissolution of Marriage

The decree of dissolution of marriage differs from the petition for dissolution of marriage in the fact that the decree is an order of the court and not just a filed request. The decree of dissolutions consists of spousal support (alimony), division of property (marital and individual), and division of debt (marital and individual). If the couple has a child out of the marriage, the decree will also include particulars of child custody and child support.

A divorce decree is supposed to protect the interest of both spouses. However, the family law judge is not going to extend any assistance in ensuring both parties’ interests are enforced. This is why, we suggest hiring the best divorce lawyers you can find.

Step 4- Hearing and Finalizing of the Uncontested Divorce

The final step is the Oklahoma court scheduling a hearing to finalize the divorce. The Oklahoma family law requires that once the waiver of summons has been signed, the couple are allowed a window of 10 days before appearing in court. If the couple has a minor child, this waiting period is prolonged to 90 days.

As a step to make the process easier for the child, Oklahoma county has mandated parents to complete a course on parenting their child after splitting with their partner.

Is Your Marriage Ending? We Can Help

Reneau Law Group offers the best divorce lawyers in Oklahoma City. Our team holds your and your child's interest as the highest priority. We take care of the entire divorce process right from the divorce petition to the decree and hearing. You can schedule a free consultation with us at (405) 732-5432. To book an appointment visit our homepage.

**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.