A recognized or accepted type of divorce is one that is often referred to as an ‘uncontested
divorce’, in Oklahoma. When wedded couples in the state of Oklahoma decided to part ways,
it’s never an easy feat for anyone, especially those who have been married for long periods
and have children. However, the state appoints responsible and knowledgeable people who
are there to help you out in the process so it remains as smooth as possible.
Matters that need to be taken into consideration include child support, custody, property
division, and in most cases alimony. The act of handling all these things is included in the
‘uncontested divorce’ also known as ‘waiver divorce’. This type of separation is often less
strenuous than any other kind both mentally and financially, and further information about it
can be found on the government’s website.
With this type of divorce, both spouses are also allowed to have a say in the matter and on
the important decisions. As long as the decisions do not violate any of the Oklahoma state
laws and it takes into consideration the best interest of the children, then it will be a quick
and easy hearing before a judge and a settlement is usually done immediately.
Most results f these types of divorce involve permanent decisions that do not entail to be
contested further down the line at any point in the future of the couples, they are agreeable
to all parties. If per se for some reason the couple cannot come up with a final decision, then
the judge steps in and makes one for them.
If you’re in the process of filing for separation but not entirely sure how to go about doing it,
the first thing to do is hire a mediator, and the second thing to do is follow the steps below to
ensure a smooth delivery.
Step by Step Outline of the Process for Uncontested Divorce in Oklahoma
The information below will update you about everything from where to get the paperwork,
how much it will cost, to what to do next in the process. We start with the divorce paperwork.
Part One: The Paperwork
To attain the right forms for this type of separation, you can either get them from the online
website, for instance, this one here, but there are forms on most law websites
and download them or pick them up from the clerk’s office in the courthouse.
If you are doing it directly online, then you complete the forms, make the required payment
which is usually about $150 if you have children. You can get them mailed to you as well and
fill them in the comfort of your own home, which would cost a little extra. The latter is a better
option as you are more relaxed and can fill in the answers with a logical mindset as opposed
to doing it in a hurry. The mail would take between 1 to 3 working days to arrive at your
address.
Once you have completed the forms, make sure you go through it again to check if everything
has been filled out, and filled out with the best response. Most county clerks’ offices require
copies of all the forms, so either make a few before dropping them off, or they can help you
with this. If they can’t do it, then print a minimum of 3 copies each of all the forms.
Before you get the copies made, make sure you wait a minimum of 24 hours, before sending
the forms to your spouse to sign. You can either mail them or drop them off yourself.
Everything including the copy of the petition along with the Decree of Dissolution of Marriage,
Waiver and Entry of Appearance must be signed and filed via the case number you receive
at the office.
Once this is done, you will need to get in touch with public notary services, to verify and sign
each page of the form, this can be done at an attorney or a courthouse by a legal professional.
Once you’ve got the forms notarized, you can file the petition at the clerk’s office, at which
point they may either give you a court date immediately or mail it to you.
When children are involved, you should find out if they offer any parenting courses or child
mental health courses for parents who divorce. Whichever ones the judge prefers you to take
would be the one that you enroll for and possibly your spouse too. There is never any harm
in finding out how to look after your kids when you and your spouse no longer live under the
same roof.
If no children are involved, you will need to wait for at least 90 days before you can get a court
date. This is usually done after the parenting courses are completed. Once completed you can
visit the courthouse and request a date. Take all your divorce paperwork with you on the date
and point to note is your partner need not attend if you have discussed and agreed upon
everything; they can waiver this legally.
Now we take a look at the process of filing your uncontested separation when in Oklahoma.
Part Two: Filing Your Divorce with The Proper Authorities
As mentioned above there is a process in getting things done so that you don’t end up wasting
your and anyone else’s time and money. This Oklahoma divorce process – step by step
instructions below will help get you there hassle-free.
Once you have taken the completed and signed forms to be notarized, you will then be able
to file the petition with the notary verification at the county clerk’s office. If children are
involved, their information is pertinent to the process i.e. after you have discussed some
common subjects with your spouse and decided on solutions, it will help the judge figure out
the best route for them.
Items you should be discussing include:
Custody of the children – this is a sensitive issue but can be solved easily when taking into
consideration a few things. A spouse can either get full physical and legal custody which
means the children live with that one parent full-time and that parent gets to make all the
decisions for them or joint legal which means both parents get to decide on things together,
but the children still live with one full-time.
Child Support – A very important part of the process and one should not leave the courthouse
till a proper and agreeable decision has been made regarding this. Both parents must make
sure the children are well taken care of. The noncustodial parent, which is the parent whom
the kids can visit on weekends and holidays, usually pays for the kids, but in some cases when
one parent makes more income than the other then they get to make the payments
regardless of if they are custodial or not.
Holidays – when it comes to holidays, this too needs to be discussed and every decision must
be kept at all times to ensure a peaceful transition for the kids. If the children are big up
enough to decide to whom they would like to spend time with, and keeping it fair for both
parents. Holidays such as Thanksgiving, Christmas, birthdays, etc. should be discussed.
Parent Classes – In most cases when this type of situation arises, both parents need to take
parenting courses. The good news is, it is possible to raise happy kids even when you are
separated. Click here to find out more about this from a psychological point of view. In any
case, taking classes opens up an understanding between parents in how it will affect the
children and how to deal with it as peacefully as possible, they can either take the class
separately or together, it’s up to them.
Part Three: How Long Are the Time Frames
Typically, the processing of this situation from start to finish takes on average 3 months,
especially if it with children. This includes the 90 days you need to wait, after taking the
parenting courses.
After the judge signs the divorce decree, you need to drop it off at the clerk’s office, where
they will file it and it is completed – you are officially divorced!