One of the biggest benefits of uncontested divorces is that they are much quicker than a contested divorce. When you file for a contested divorce, you may have months, if not a year or longer of court appearances and other meetings to resolve a variety of issues. With an uncontested divorce, this process is expedited. So, how long does an uncontested divorce take?
About Uncontested Divorces
When you get an uncontested divorce, you and your spouse agree on most issues that would otherwise have to be litigated in court and decided by a judge. Most uncontested divorces have an agreement among the parties regarding child support, child custody, visitation, support payments, and division of marital assets.
Reaching an Agreement
Whether your divorce is contested or not depends on the agreement of both spouses. One spouse can file for an uncontested divorce, and the other has the option to object to the terms of the Petition. On the other hand, the other spouse could choose to simply agree to those terms and the divorce is considered uncontested. In some cases, the parties will meet in advance to negotiate the terms of the Petition so that there is no risk of an objection and a costly court battle that could go on for months or over a year.
Waiting Periods
While uncontested divorces in Oklahoma are fast, they’re not instant. The reason for this is that the state would prefer not to waste time and resources on legal proceedings when the parties could change their mind. Oklahoma has a waiting period for uncontested divorces, which varies depending on your circumstances.
If you do not have minor children and agree on all other issues, there is a 10-day waiting period before your divorce will be granted. If you and your spouse have minor children, there is a 90-day waiting period before a judge will grant your divorce. If your attorney can show good cause, you may be able to get a waiver for some or all of this waiting period.
Parenting Classes
Even with an uncontested divorce, Oklahoma law dictates that you’ll be required to take parenting classes before the judge will sign the final decree that grants your divorce. As soon as you finish the class, you will need to file proof of completion with the court.
Divorce Decree and Hearing
Uncontested divorces are fairly simple when compared to the alternative, contested divorce. Your attorney will file the initial Petition for Divorce with the court, which is also supplied to your spouse. Provided there are no other issues, there will be a final hearing where the judge signs the Decree of Divorce. This will take place after any waiting period has expired. According to Oklahoma state law, at least one party to the divorce (you or your spouse) must attend the final hearing.
The MicroDivorce Solution
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