Family Law

Benefits of an Oklahoma Uncontested Divorce

By Dan Nunley

An uncontested divorce is where husband and wife can reach a decision as to the terms of the divorce without having to fight it out in court. While no divorce is truly “uncontested” in the sense that there are no disagreements, these disagreements do not always have to be resolved in court.

Compared to the protracted litigation usually involved in contested divorces, an uncontested divorce is simpler, much quicker, and far less expensive. Uncontested divorce offers you and your spouse the opportunity to remain in control and end your marriage quietly and with dignity.

Believe it or not, you and your spouse do not have to yet agree on every issue for an uncontested divorce to be right for you. It’s not so much a question of agreement as a desire to minimize the legal expenses badly enough that you are motivated to stop fighting, stay in control, and work together as you end your marriage. If you and your spouse do not yet agree on each and every issue of your divorce, that just means you have some negotiating to do. Mediation can be a useful tool to help you and your spouse find common ground on the difficult issues facing the both of you.

The most obvious advantage of uncontested divorce is its cost. Generally, an uncontested divorce that stays uncontested is almost always the least expensive way of getting divorced. I’m a big believer in finding the least expensive way to divorce. The simple fact is that any money you can avoid spending on lawyers is money you can use for living expenses after the divorce.

Low cost is not the only advantage of uncontested divorce. If the level of conflict between you and your spouse is currently low, uncontested divorce offers a way to keep thing on friendly terms.

An uncontested divorce is also more private than a divorce battle waged in open court. The terms you and your spouse negotiate and file with the court will be a matter of public record, but the disclosures and proposals made during negotiation can remain private, unlike the dirty laundry aired in open court.

Another positive attribute of uncontested divorce is that a divorce decree can be obtained much more quickly than in a contested divorce. In Oklahoma, if there are no children of the marriage, a divorce decree can be issued within ten days of the filing of the divorce petition. If minor children are involved, there is a ninety day waiting period. On the other hand, an average time to complete a contested divorce case would be closer to twelve to eighteen months or maybe longer depending on the complexity of the case and the level of cooperation between the parties.

I represent individuals in uncontested divorces in the following counties in northeastern Oklahoma — Tulsa,  Creek, Mayes, Muskogee, Okmulgee, Osage, Pawnee, Payne, Rogers, Wagoner, and Washington. If you believe that you are a candidate for an uncontested divorce, call me today for a free consultation. I can draft the necessary documents and guide you through the court process.

Full post as published by Oklahoma Family Law Blog on September 03, 2008 (boomark / email).