on the same page: making sense of uncontested divorce laws & rules

Everything You Need to Know About Uncontested Divorce Laws and Rules in Oklahoma

Going through a divorce can feel overwhelming, but did you know that if both you and your spouse agree on most or all issues, you might be eligible for an uncontested divorce? In Oklahoma, uncontested divorce is often a smoother and quicker way to end a marriage without a lot of litigation or court battles. Here’s what you should know about the laws and rules surrounding uncontested divorce in Oklahoma — in a friendly and straightforward way.

What Is an Uncontested Divorce?

An uncontested divorce means both spouses agree on all the important issues—like how to divide property, who will have custody of the kids, and how support will be handled. Since everyone is on the same page, the court process is usually simpler, faster, and less expensive compared to a contested divorce where disputes go to trial.

Oklahoma’s Rules for Uncontested Divorce

To qualify for an uncontested divorce in Oklahoma, a few basic rules apply:

Residency: At least one spouse must have lived in Oklahoma for a minimum of six months before filing for divorce.

Grounds for Divorce: Oklahoma recognizes "irreconcilable differences" as grounds for a no-fault divorce. This means you don't need to prove fault or blame your spouse for the breakup; simply stating that the marriage cannot be saved is enough.

Agreement on Key Issues: Both spouses must agree on all relevant matters, including:

• Division of property and debts

• Child custody and visitation

• Child and spousal support (if applicable)

Filing the Paperwork: The process starts with one spouse filing a petition for divorce with the court. The other spouse must be formally served with the divorce papers, and then both parties typically sign a settlement agreement that covers all the issues.

Waiting Period: Oklahoma law requires a 90-day waiting period from the time the divorce petition is filed until it can be finalized, giving both parties time to reconsider or finalize arrangements.

How Does the Process Work?

Once the paperwork is filed and the waiting period is over, if both spouses agree on everything, they can usually waive a court hearing by submitting the agreement and a request for default or uncontested divorce. The court then reviews the documents to ensure everything is fair and legally proper before issuing a divorce decree.

Benefits of Uncontested Divorce

Choosing an uncontested divorce can save you money, time, and stress. It often takes less time—sometimes just a few months—and involves less court time because there's no need for lengthy hearings or trials. Plus, because you both agree on the terms, it’s typically less emotionally draining.

Call Our Office for Help

Even in mutual agreements, legal paperwork can be complicated. It's always a good idea to consult with a knowledgeable family law attorney who can review your documents and make sure your rights are protected.