Getting a Cheap Uncontested Divorce with Paperwork Yourself
What is going through your mind when you decide to get an uncontested Divorce in Oklahoma? There were a lot of things that went into your marriage. There was a lot of love, compromise, great memories, and difficult times. All of these things combined to outline what your union with your spouse was. The tricky part is when you realize that it is coming to an end. There are times when you try and try, but there is nothing that can be done to save your marriage. When this happens, it is time to talk about the “D” word, divorce.
Many divorces end up being these nasty situations that result in a lot of mudslinging and resentment. They can be situations that result in rifts between mutual friends and family. The worst part is what happens to the children that may be involved. Divorces can really be a horrible experience for everyone involved and for the loved ones who have to watch someone go through one. Contrary to the belief, they don’t all go this way.
Some people are lucky, whereas some couples are able to do this is a way that is amicable. They are able to sit down together and figure out how to best do this in a way that is beneficial for everyone. An uncontested divorce is an optimal situation.
What is an uncontested divorce?
Any divorce is considered to be a dissolution of the marriage. There are no complainants or defendants in a divorce, as they are referred to in a criminal case. In a divorce, the “complainant” spouse is referred to as the petitioner. They are the one who is filing the paperwork.
The “defendant” spouse is referred to as the respondent. In order to file for a divorce in Oklahoma, one of the parties involved has to be a resident of the state of Oklahoma for at least 6 months prior to the filing of the paperwork.
An uncontested divorce is a special type of divorce. Both parties have agreed, amongst one another (without the aid of lawyers and the court) on all of the shared issues. An uncontested divorce allows people to avoid the major costs and invested time that is required in a contested divorce. The shared issues have to be agreed upon between the spouses before any paperwork is ever even filed.
These issues include:
• The division of all of the property that the couple has accumulated throughout their marriage
• Custody of any children that the couple share as a result of their relationship
• The distribution of possible retirement funds that one spouse owes to the other
• The division of any debt that the couple has accrued throughout their marriage
• The child support that is to be paid to the parent that will have primary custody of the child(ren)
• Any spousal support that is to be paid to one party or the other after the divorce
Any outstanding issues will be discussed and agreed upon by both sides before the paperwork is filed with the court. If there are any disputes whatsoever, the divorce may become contested. There are going to have to be attorneys and a judge involved in the process.
How do you file for an uncontested divorce?
Even though an uncontested divorce is the most effortless process, when it comes to getting a divorce, there is a process that needs to happen. In Oklahoma, there exists specific paperwork that will need to be filled out and signed by both parties and filed with the court and a step-by-step process that will need to be conducted.
The filing spouse (also known as the petitioner) needs to take a copy of a Petition for the Dissolution of Marriage and a Verification Page to a notary public so that they can sign it, and have it notarized. They will then need to file this Petition and the verification page with the county court clerk’s office. Make sure to get a copy of the case number at the time of the filing.
a. It is very common for a Marital Settlement Agreement, Parenting Plan, Schedule of Visitation, and other necessary paperwork to be filed with the Petition. It is a way to show that all issues have been handled between the couple and there is nothing in dispute.
There are going to be certain things that you are going to have to do if there are minor children involved in the divorce. The State of Oklahoma requires both parents to take parenting classes and classes that teach them how divorce affects children. The involved parents will need to find out the classes they need to take and how many hours are required by the judge.
The filing spouse has to wait 24 hours after they filed the Petition before they can bring the respondent spouse the paperwork that they need to sign. The petitioner will need to bring the respondent a copy of the Petition for the Dissolution of Marriage, the Entry of Appearance and Waiver of Service, and the Final Decree Dissolution of Marriage.
The respondent will keep a copy of the Petition. They will take the Entry and the Final Decree to a notary so that they can sign it and have it notarized.
The respondent will return the Final Decree and the Entry (signed and notarized) to the petitioner, and the petitioner will turn these papers into the county court clerk’s office. They will need to make sure to file these papers with the case number that they were given when they initially filed the Petition.
Depending on whether there are children or not, there are different waiting periods (we will discuss these later). After the waiting periods are over, the petitioner will be able to call and get a court date. The petitioner will need to have copies of all the paperwork with them at this court date, including the Petition, Entry, Final Decree, Marital Settlement, Parenting Plan, Schedule of Visitation, Financial Affidavits (one filled out by both parties), and Child Support Worksheet and Custody Schedule. The respondent doesn’t need to show up as long as they have filled out, signed, and had notarized all the necessary paperwork.
The judge will sign the decree, making the divorce final. The petitioner will file it with the clerk, and the process is over.
Each party should want to have a copy of all the paperwork that is needed during the process. The divorce documents are essential paperwork that they are going to want to have to keep in their records. The petitioner needs to take the time to have multiple copies of every form, one for them and one for the respondent. Making copies will keep the process transparent and keep both sides informed on what is going on.
How long does an uncontested divorce take?
The length of this process depends on whether or not the couple has minor children together or not.
• If there are no minor children involved, the petitioner only needs to wait ten days before calling to schedule a court date. The time it will take to get to that date will vary depending on the county court schedule.
• If there are minor children involved, the petitioner will have to wait at least 90 days. Both parents have plenty of time to take the classes that the state of Oklahoma requires before the final court date.
How much does an uncontested divorce cost?
A contested divorce is going to be a pricey affair. High costs are due to the need to hire an attorney and the different court fees, paperwork, etc will ensue throughout the divorce. It is much cheaper to get an uncontested divorce.
• The filing fees are going to cost anywhere between $225 and $254, depending on the county in which they are filed
• The forms will cost as low as $75, OR $149 for a couple without children and $249 for a couple with children (be cautious of the free divorce forms, and the one’s that are less than $149 – we’ve heard horror stories!!) ((CHECK COMPANY REVIEWS!))
• Then the classes that a couple with children will have to take will cost anywhere between $10 and $100, depending on what classes are required.
An uncontested divorce is a divorce that a couple can enter into if it is an amicable split. An uncontested divorce is a dream situation in a situation that no one wants to be. If a couple is lucky enough to be able to come together and handle their issues before the process begins, it is going to go off without a hitch.
The best part about an uncontested divorce is the way that the children can be dealt with in the process. If mom and dad are civil, they will be able to sit down and discuss this difficult time with their children in a meaningful way. It is going to be hard for the children no matter what, but an uncontested divorce can make it a lot easier when they are not seeing mom and dad upset and fighting throughout the process.