The Basic Facts About Uncontested Oklahoma Divorces

Though the state of Oklahoma "boasts" of the highest divorce rates in the US, it is not always the case that a divorce is an ugly affair, with vitriol and hatred motivating one or both of the spouses during the proceedings while being prodded and urged by Tulsa divorce attorneys. After all, Oklahoma is still part of the Bible Belt, and it is not surprising that some couple may decide to dissolve their marriage despite the fact that they may still like--or even still love--each other. In short, the divorce proceedings can be amicable, friendly, and absolutely uncontested. Yet even in such cases, the assistance of Tulsa divorce lawyers can still be very valuable.

The uncontested divorce

In essence, the divorce is considered uncontested if both the husband and wife agree on all the pertinent issues. These issues include:

* how the marital property is to be distributed among them
* how the debts of the couple can be settled
* who has custody of the children and the visitation rights and schedule of the other spouse
* the amount of the alimony and child support that one spouse is supposed to pay the other

Legal representation for the couple

If the divorce of the couple is uncontested, then their trusted Tulsa family law attorney may be asked to draft all the necessary paperwork for the proceedings to push through. However, it must be noted that the lawyer cannot represent both husband and wife; the lawyer can only represent one of them.

To make sure that everything goes smoothly, it may be a wise idea for the couple to find divorce lawyers in Tulsa so that both parties are represented properly. Some divorces which start out as friendly negotiations sometimes break down when the financial details (such as the amount of the alimony) are laid out explicitly. Many divorce lawyers may accept a flat fee for uncontested divorces, but if disagreements crop up then the flat fee becomes a retainer. The lawyer may then start to bill their client on a standard hourly basis.

The advantages of an uncontested divorce

For the most part, it is much faster to finalize a divorce if it is uncontested. If no children under legal age is involved, then by Oklahoma law ten days must pass before the divorce is granted. If there are minors involved, then there is a waiting period of ninety days after a filing before the divorce can be finalized. But even this waiting period may be waived by the divorce judge if both the husband and wife request for it in writing. In contrast, a contested divorce may take almost a year before the proceedings are completed. Time will have to be reserved for discovery and trial preparations, and the schedule will also depend on the availability of the courts.

Aside from the quickness, the cost of an uncontested divorce is much less. The couple is in charge of how the assets will be divided, instead of the divorce judge. And perhaps most importantly of all, all the anger and hate will be bypassed and avoided.