What is an Uncontested Divorce?

Uncontested Divorce

Not every divorce has to end in a courtroom battle. In Oklahoma, many couples are able to part ways through an uncontested divorce, which is often faster, less expensive, and more peaceful than a contested divorce. If you and your spouse agree on the major issues, an uncontested divorce might be the right path for you. Here’s what you need to know.

What Makes a Divorce “Uncontested”?

A divorce is considered uncontested when both spouses agree on all of the terms of the divorce. This includes:

  • Division of property and debts
  • Child custody and visitation
  • Child support
  • Spousal support (alimony), if any
  • The legal reason (grounds) for the divorce

Even if the couple disagrees at first, they can still pursue an uncontested divorce once they come to an agreement on these matters—often through negotiation or mediation.

The Benefits of an Uncontested Divorce in Oklahoma

Faster Process: Uncontested divorces typically move through the court system quickly. In Oklahoma, there’s a 10-day waiting period if there are no minor children, and a 90-day waiting period if so.

Lower Costs: With fewer court appearances and attorney hours, uncontested divorces are significantly less expensive than contested ones.

Less Stress: Reaching agreements out of court allows couples to avoid the emotional strain of litigation.

More Control: Spouses get to decide how they want to divide assets or raise children, rather than letting a judge decide.

How the Process Works

  1. Filing the Petition: One spouse files a Petition for Dissolution of Marriage with the district court.
  2. Agreement Drafted: A divorce settlement agreement outlines how the couple will divide property and handle custody, support, and other issues.
  3. Waiting Period: Oklahoma law imposes a mandatory waiting period before the divorce can be finalized—10 days without children, 90 days with children.
  4. Final Decree: After the waiting period, and assuming the court finds the agreement fair, a judge will sign a Decree of Dissolution, making the divorce official.

Do You Still Need a Lawyer?

Even in uncontested divorces, it’s a good idea to consult with an attorney. A lawyer can draft or review your settlement agreement to protect your rights and that you file all paperwork properly with the court.

Uncontested Divorce with Children

If you and your spouse have minor children, the court will review your parenting plan to ensure it serves the best interests of the child. As long as the plan is reasonable and the parents are cooperative, the judge is likely to approve it.

Tulsa Uncontested Divorce Attorneys

We help Oklahoma clients complete uncontested divorces efficiently and affordably. Tulsa Family Lawyers Group will make sure your paperwork is done right, your agreement is legally sound, and protect your rights every step of the way. Call us at 918-742-3555 or click here to ask an online legal question.