In today’s day and age, the divorce rates are skyrocketing while long lasting relationships are not as common. This is an unfortunate thing, but fortunately, there is an option for those who get married, and just decide it isn’t going to work. For these cases, you can file for an uncontested or no fault divorce. In this article, we’ll give you a way for filing for uncontested divorce in Oklahoma should the need arise, although we’re not saying that you shouldn’t try to stay married.
What is an Uncontested Divorce?
There are generally two types of uncontested divorce. One is simply a divorce where one spouse can admit that they caused the marriage to be destroyed and then the two parties reach a settlement agreement. This is called an uncontested fault divorce. Another type of uncontested divorce is where neither person can blame the other person for the desire for the divorce, making the decision mutual, almost like a basic relationship breakup. For this type of divorce, it is called an uncontested no-fault divorce.
These uncontested divorces are quite common, despite many divorce horror stories, and generally, it is easier to simply file for an uncontested divorce than deal with the hassles of properties, child custody issues, parenting plans (visitation schedules), house and property debts, as well as support from each spouse. In many cases, if both parties agree to an uncontested divorce, then there is a good chance that it won’t escalate to a court trial.
How do You File for Uncontested Divorce?
Some states don’t grant no fault divorces. But almost every divorce attorney can be an uncontested divorce lawyer. This means that they can assist you in filling out all of the paperwork necessary in order to serve your divorce to make it as quick and efficient as possible. With today’s technology, one can even file for an uncontested divorce online in many states.
You must still fill out a “Dissolution of Marriage” form. You can check with y our local county clerk in order to get the document.
You have to serve the summons and the petition form to your spouse. Most states have their own ways to process this, as well as rules about who can serve the papers (in some states, you cannot serve the papers yourself). The only way a spouse can be publicly notified by means of publication is if the spouse can’t be reached.
The “defending” spouse must file an acceptance or voluntary form stating they’ll either accept the terms, or agree to be present in court. Otherwise, the divorce goes into effect.
Most of the time, both parties have to wait a while. This is so the paperwork for the Marital Separation Agreement can be processed by the local and state authorities, as well as so you can get your court date.
If both parties don’t contest the divorce agreement or filing, or if they’re reached an agreement to settle any issues, then the divorce is automatically granted.
So What Now?
If you or your spouse believes that something in the divorce isn’t right, and you voice your opinion to a lawyer or to the court, then this will put your divorce into a contested state. This will cause a hearing to be much longer, and this is not the way to go if you are trying to file for an uncontested divorce. The best way to avoid this is to communicate and come up with an agreement first. Divorces are costly, and time consuming, and will be even more so should you or your spouse can’t agree on something.