We Agree to Divorce. Why Can’t We Get an Uncontested Divorce?
One of the most common misunderstandings I see is when spouses tell me, “We both want the divorce, so it should be uncontested.”
Unfortunately, that’s not how it works.
An uncontested divorce requires agreement on all major issues, not just agreement that the marriage should end.
For example, I recently spoke with a woman whose husband agreed they should divorce. Neither wanted to stay married. In practical terms, they were already living separately and sharing time with their children. The problem was that they could not agree on what custody arrangement should be written into the divorce paperwork. Because they could not reach a final agreement about the children, the divorce was not truly uncontested.
This situation is more common than people realize.
To obtain an agreed divorce in Oklahoma, spouses must generally reach agreement on issues such as:
- Child custody and visitation
- Child support
- Division of property and debts
- Alimony, if applicable
If there is a disagreement on any major issue, the case may require court involvement to resolve the dispute.
Sometimes people have worked things out informally but cannot bring themselves to sign an agreement. Other times, one spouse keeps delaying because they are uncertain about the future. Whatever the reason, agreement about the divorce itself is not enough.
An agreed divorce means agreement about everything that matters.
If you and your spouse can reach that agreement, an uncontested divorce can be fast, efficient, and affordable. If you cannot, it may be necessary to file a contested case and ask the court to help move things forward.
