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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
Divorces involve a lot of negotiation. After all, you’re taking a contractual relationship that includes love and dissolving it. In addition to the legal components of the divorce process, there’s also an emotional side. Obtaining a divorce decree can, for many, be a simple process. Yet, for other couples the process is more contentious. Either can happen regardless of whether there’s children shared between the parties and regardless of the length of the marriage.
Since the divorce process can be difficult for the parties involved, it is often helpful to understand the five common types available to you in Oklahoma. It is also helpful to speak with a divorce attorney regarding the facts in your situation. This can help you know which type of proceeding may be best for you and that may also result in obtaining your divorce decree in the least expensive and time-consuming way possible. After you read through the five types of divorce available, schedule your free consultation with the divorce lawyers of Ball Morse Lowe. Our experienced team listens with empathy and acts with strength to assist our clients through the divorce process.
When you file for divorce, you may choose from the following types in Oklahoma.
- Mediated Divorce Process: 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 Process: 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 Process: 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 Process: 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 Process (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’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.