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If you want to file for a divorce in Oklahoma, there’s something you should know. The divorce process has changed over time. Previously, courts only granted a divorce decree when one spouse was able to prove the other was “at fault” for the dissolution of their marriage - either by neglect, abuse, or engaging in an affair, etc. In the majority of the United States, that’s no longer required.
The concept of at fault divorce is, in many instances, becoming a thing of the past. Today, most states allow a couple to divorce without one proving that the other found a legal reason, or fault, to receive a divorce.
As a result, most states have created many different types of divorce filings - some more streamlined than others. Couples who have made the difficult decision to file for a divorce must now choose the type of filing that best fits their needs. However, those seeking a divorce are not familiar with the different divorce processes available, what they mean, or which one is best for their given situation.
Although each state’s divorce processes vary, our team of Oklahoma divorce lawyers put together a list of the five common types of divorce filings available in Oklahoma to help you as you begin to research and understand your options.
The 5 Common Types of Divorce in Oklahoma
Navigating the complexities of divorce requires significant negotiation and understanding, as it means unraveling a bond that's both a legal contract and a deeply personal relationship. Beyond the evident legal intricacies, there's a profound emotional dimension to the dissolution of a marriage, making the process simple and straightforward for some, while tumultuous and adversarial for others. Factors such as shared children or the duration of the union don't necessarily dictate the ease or difficulty of the process.
Given the potential challenges and nuances of divorce, it's crucial to be well-informed about the five prevalent types of divorce proceedings in Oklahoma. Engaging with a knowledgeable divorce attorney can offer clarity on the most suitable approach for your unique circumstances, aiming to achieve a resolution that's both cost-effective and efficient. To gain a comprehensive understanding and receive personalized guidance, consider scheduling a free consultation with Ball Morse Lowe's adept legal team. Dedicated to providing compassionate listening and decisive action, they are committed to supporting clients every step of the way during the divorce journey.
When you file for divorce in Oklahoma, you can choose from the following:
- Mediated Divorce - With mediation, a mediator is hired to work with the divorcing couple. This allows the two parties to negotiate directly with one another often without legal representation. The mediator does not render an agreement and cannot give legal advice, but guides the two parties until an agreement is reached. However, you should note that both parties are entitled to have a divorce lawyer present during mediation. One benefit to doing so is ensuring that the settlement offer presented is fair before it is signed.
- Collaborative Divorce - This type of divorce is available when one spouse is unable to be located or hasn't responded to the divorce petition in a timely manner. If this happens, the spouse seeking the divorce can petition a judge to grant a divorce by default. Often, these divorces involve a lengthy timeline to receive the decree as the court wants to ensure every appropriate measure to find and serve the other spouse is used.
- Uncontested Divorce - When both parties can agree on the division of assets and any other legal issue related and they file all necessary paperwork together, they are seeking an uncontested divorce. Examples of issues that the couple must agree on include, but may not be limited to, child custody, child support, and, as mentioned, the division of assets and debts. This filing is usually the most streamlined and inexpensive, resulting in a much faster expectation of receiving a divorce decree.
- Default Divorce - This type of divorce is available when one spouse is unable to be located or hasn't responded to the divorce petition in a timely manner. If this happens, the spouse seeking the divorce can petition a judge to grant a divorce by default. Often, these divorces involve a lengthy timeline to receive the decree as the court wants to ensure every appropriate measure to find and serve the other spouse is used.
- Contested Divorce (Litigated Divorce) - If the divorcing parties find it impossible to agree about important issues, such as child care, child support, debt allocation, or the division of assets, they can choose to go to trial. In a contested divorce or litigated divorce, a judge hears arguments from both sides and renders a decision. This type of divorce is more costly, time consuming, and public.
Get Help with the Divorce Process - Ball Morse Lowe
The process of filing for divorce in Oklahoma has evolved significantly over the years. Previously, one spouse had to prove the other was “at fault” for the marriage dissolution, such as through neglect, abuse, or infidelity. Today, most states, including Oklahoma, no longer mandate proving fault to obtain a divorce. As divorce laws have adapted, various types of divorce filings have emerged, each designed to cater to different situations and needs. For those considering divorce in Oklahoma, the five primary types include Mediated, Collaborative, Uncontested, Default, and Contested Divorce processes. Ball Morse Lowe's team of experienced lawyers offers guidance through these processes, ensuring individuals understand their options and receive the necessary support during this challenging time.
Ball Morse Lowe’s divorce lawyers understand that considering divorce is a weighty matter. It is wise to consider each option available. We have attorneys who will guide you through this process, answer your questions, and help you during this crucial time. Call 405-701-5355 to speak with someone today.
