Oklahoma City Uncontested Divorce Lawyer
Divorce proceedings can go on for quite some time, often resulting in huge expenses, serious stress, and a tarnished relationship. When a couple is unable to agree on assets and property division, as well as child support and child custody issues, the divorce can drag on much longer.
However, if divorcing spouses are able to come to a resolution prior to initiating the divorce process, they can have what is known as an uncontested divorce. Uncontested divorce in Oklahoma is a way for spouses to legally separate from each other in a time period much quicker than traditional divorce. This allows both spouses to avoid litigating in court and to move on with their lives quickly and seamlessly.
If you and your partner are seeking to separate amicably and want to avoid traditional divorce proceedings, you should contact our law office to speak about an uncontested divorce. Like all family law matters, an uncontested divorce can also be quite complex, which is why we recommend that you speak with experienced Oklahoma divorce attorneys about your case.
At Cannon & Associates, we have a team of divorce attorneys who can advise you on your best options. Our attorneys are highly experienced in all areas of Oklahoma family law and we are dedicated to ensuring that you get the best results possible from your separation. We offer a free consultation for you to come in and chat with our lawyers about your case.
Call us today at 405-591-3935 to schedule a free consultation.
What is Uncontested Divorce in Oklahoma County?
Uncontested divorce, or “waiver divorce” is divorce without litigation. During a traditional divorce or a contested divorce, parties would bring motions forward to the court regarding asset and property division, spousal support, child support, and child custody issues. Their lawyers would then argue on their behalf to ensure that their needs were met and the judge would decide on a settlement.
In an uncontested divorce, however, the divorcing spouses reach an agreement on the division of assets and on child support and custody matters amongst themselves. Then, when they approach the court to begin divorce proceedings, they will have already decided on the important matters. They can then proceed through the uncontested divorce process far quicker than a traditional divorce.
Is This Process Easier?
Although this process seems a lot easier, it is worth noting that even uncontested divorces are quite complex in Oklahoma city, and it is important that you seek help from an experienced divorce attorney. The uncontested divorce process itself is much quicker. However, this is only if you have an experienced family law attorney who knows how to navigate the system.
Even if you are happy with the agreement that you and your ex-spouse have come to, it is wise to have a neutral third party come in and examine the decisions you have made. This way, you can ensure that your needs and wants are being respected and that you don’t agree to something that you will regret later down the line.
Benefits of Uncontested Divorce
An uncontested divorce can be a much easier option for spouses that are able to agree on important matters, particularly if there are children involved. A contested divorce can often drag on for a long time, resulting in huge costs, exhaustion, and difficulty for children. Some benefits of uncontested divorce in Oklahoma City include:
- Cheaper – If you are in and out of court because you and your spouse can not agree on important matters, you will have to pay a lot more money for legal fees and court costs. The cost of uncontested divorce is often much less because the process is far quicker, and there is no requirement to go in and out of court.
- Easier for children – If there are children involved in the separation, the process of an uncontested divorce can be much easier on them. Children, particularly minors, are often negatively impacted by the divorce of their parents, and this is made worse when there is a court involved. A waiver divorce can help minimize the impact that a divorce has on any children involved.
- Faster – Because the dissolution of the marriage does not have to be dragged through court, the process of an uncontested divorce is much quicker. The two parties do not have to argue over every small detail, and as such, the divorce decree can pass through quickly.
- Less conflict – Many people think that divorces will inevitably cause conflict within a family or between two spouses. However, this does not have to be the case. If two parties can agree on important matters amicably, they can dissolve their marriage seamlessly by having an uncontested divorce without arguments or conflict.
- More privacy – With traditional divorce in Oklahoma, a lot of the information goes on public record, which makes maintaining privacy quite difficult. With an uncontested divorce, less information is brought to the court, and most matters are decided beforehand, meaning that less information can be made public.
Process of Uncontested Divorce in Oklahoma City
Before you seek to initiate an uncontested divorce in Oklahoma City, it is important that you consult with a lawyer that is experienced in family law matters. At Cannon & Associates, we have a team of strong advocates who will ensure that your divorce process is handled smoothly and that you and your family can move on from this as soon as possible.
The process of uncontested divorce in Oklahoma City typically goes as follows:
1. Petition for dissolution of marriage
A divorce is first initiated when the parties file a petition for the dissolution of their marriage or a divorce. This petition should detail the agreements that the parties have made together regarding all issues related to their divorce. It is required that at least one of the parties involved has lived in Oklahoma for the past 6 months, and a minimum of 30 days in the county in which the petition was submitted, e.g. Tulsa County or Canadian County.
2. Waiver of summons and entry of appearance
As uncontested divorce is a ‘waiver divorce,’ the other spouse must waive the service of process, which is essentially the right to be properly notified that your spouse has issued you a divorce. This is done by signing the waiver of summons pleading and returning it to your spouse’s attorney.
3. Decree of dissolution of marriage
A divorce decree should then be submitted to the judge presiding over the case, detailing the terms of your divorce, including division of all martial property, division of all martial debts, identification and division of all separate property, terms of spousal support, and identification and division of all individual debts.
You must also include details of a joint custody plan, child support calculation, and more if there are minor children involved. This decree is very important, and it must be legally sufficient to submit to the judge, which is why it is essential that you seek help from an experienced Oklahoma City divorce attorney when writing up this decree.
4. Hearing
Once the petition has been submitted, you or your spouse have signed the waiver and entry of appearance, and the decree has been given to the judge, a hearing will be scheduled for the judge to make a final decision on your case.
The process of uncontested divorce in Oklahoma City can be quite complex without some legal guidance. For this reason, it is strongly encouraged that you contact one of the attorneys from our law office. We can guide you through this difficult time and ensure that your uncontested divorce passes through the court smoothly.
How Long Does an Uncontested Divorce Take in Oklahoma City?
Uncontested divorce in Oklahoma can be a very speedy process. Provided that there are no minor children involved, the Oklahoma divorce court can grant a final order after just 10 days of the initial divorce papers being submitted. If you are seeking a clean split from your ex-spouse, and you are able to agree on all important matters with them, an uncontested or waiver divorce is the best option for you.
If you have minor children, the court will have to wait a minimum of 90 days before granting a final order on your divorce. However, this period can be shortened if the court can show good cause and if you and your spouse agree on all issues brought forward to the court.
Are Uncontested Divorces For Everyone?
Although uncontested divorces are a great option for spouses that can come to an agreement together civilly and without difficulty, realistically, an uncontested divorce is not a viable option for a lot of people in Oklahoma County. If you have a toxic relationship with your ex-spouse or have suffered domestic abuse at their hands, you should speak with an attorney to discuss your best options.
When considering whether an uncontested divorce is the right option for you and your spouse, you should ask yourself these questions:
- Do my ex-partner, and I agree on all divorce matters?
- Do we agree on child custody and support matters?
- Am I or the other spouse pursuing a divorce for a specific reason, i.e. adultery?
- Will my ex-spouse or I be seeking spousal support?
- Do we have a joint business, a high-net-worth, or high-value property together?
- Do we have a child that was adopted or has a different biological parent?
It is important that you speak with an experienced Oklahoma divorce attorney before seeking an uncontested divorce. They will help answer any questions you have and help you decide whether it is the right option for you.
What If an Uncontested Divorce Becomes Contested?
Sometimes, parties intend to go through an uncontested divorce without any issues. However, some problems then arise as a result, causing it to turn into a contested divorce. Because you and your ex-partner were able to come to an agreed divorce in the first place, it is likely that you can come to another agreement without having to bring it to court.
There are a couple of things that can be done to help remedy a contested divorce, including:
- Divorce mediation – Mediation can be used to remedy any issues that come about during the divorce process. During divorce mediation, both parties should appear with a divorce attorney and petition their case to a mediator. The aim of a mediator is to help the two parties come to an amicable agreement, through the medium of a neutral third party. They can help advise spouses on what would happen if the case was brought to court, and can offer advice on how to achieve the best outcome.
- Collaborative divorce – Instead of hiring a third-party mediator, spouses can seek to have a collaborative divorce. With a collaborative divorce, the separating spouses and their attorneys work together to achieve a settlement that reflects both of their needs. Collaborative divorces remain completely outside of the courtroom and attorneys use cooperative techniques to avoid litigation.
If your simple divorce has become contested throughout the discussion process, it is important that you consult with divorce attorneys as soon as possible. The last thing you want is to have to take your case to an Oklahoma City court. The sooner you begin the process of mediation or a collaborative divorce, the more likely it is that you can prevent your case from going to court.
Do I Need an Oklahoma City Uncontested Divorce Lawyer?
Although it is not mandatory to have a divorce lawyer to file an uncontested divorce in Oklahoma, it is strongly encouraged that you do. Divorces are rarely straightforward, even if you and your ex-partner seem to agree on all things. It is likely that either a legal issue will arise or you may disagree on something during the process.
Also, although you may believe that the divorce agreement is fair, you may discover in a couple of years that it is not actually what you want. The presence of a neutral divorce attorney on both sides can ensure that the terms of the agreement are fair and that both parties are happy with the decree.
Lastly, the process of filing an uncontested divorce is not as simple as it seems, and there are many complexities involved that can be difficult without the presence of a lawyer. Submitting documents that are legally sound and fulfilling the requirements of the court is essential to ensuring a smooth process. For this reason, it is important that you have an attorney that is highly experienced in dealing with uncontested divorces.
Contact Cannon & Associates today to speak with one of our experienced family lawyers about your case.
Trust Our Experienced Oklahoma Divorce Attorneys With Your Case
At Cannon & Associates, we have the requisite experience to ensure that your Oklahoma uncontested divorce runs smoothly. Our attorneys will guide you through the process and offer you the representation that you need.
Our dedication to our clients has resulted in us building up a strong attorney-client relationship all throughout Oklahoma County, and we will fight to ensure that you get the best settlement possible for your uncontested divorce.
We offer a free consultation for you to consult with our family law attorneys with no strings attached.Call us today at 405-591-3935 to schedule a free consultation.
