An uncontested divorce offers a straightforward, efficient way to end a marriage. When both spouses agree that divorce is the right step and are willing to work together, you can do a lot in a short amount of time. In Claremore, couples can use this route to avoid drawn-out court battles and unnecessary stress. But even a simple divorce must follow specific procedures under Oklahoma law. We will cover some of the aspects of this legal issue to better prepare you if you are going through a rough life patch.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both parties agree on all the major issues—such as the division of property and debts, spousal support, and, if applicable, child custody and visitation. Since there’s no dispute, the couple can present their agreement to the court for approval, greatly reducing the need for court appearances or mediation. Once the court has the agreement, they can formalize it into a decree and everyone will move on to the next chapter of their lives.
Whether you have a ton of property, or kids, agreeing on things will simplify everything in the long run. However, there are advantages and disadvantages to both approaches.
Advantages of an Uncontested Divorce
- Speed: Once filed, an uncontested divorce without children may be finalized in as little as 10 days.
- Cost-effective: Because it avoids prolonged litigation, legal fees tend to be lower.
- Privacy: Most of the details remain out of the courtroom, protecting your personal matters from public scrutiny.
- Control: The couple—not the judge—makes the final decisions on property division and other key issues.
Disadvantages of an Uncontested Divorce
- Limited court oversight: Judges typically approve the agreement as presented, which means one party might agree to unfair terms without realizing it. If this happens, the decree might need to be vacated, causing a hold-up in closing the case.
- Not ideal for complex cases: If the divorce involves large assets, business interests, or significant debts, a contested approach might provide better protection.
- Power imbalance risks: If one spouse dominates the decision-making, the final agreement may not be a truly fair or voluntary.
While these are only some instances how it , discussing them with an attorney is highly advisable. They will be able to lay out everything possible in front of you to help make the decisions easier.
90-Day Waiting Period for Divorces Involving Children
Under Oklahoma law, any divorce involving minor children cannot be finalized until at least 90 days after the petition is filed. This cooling-off period gives families time to consider reconciliation or to fully address custody and visitation concerns. Even if both spouses agree, the court will not waive this waiting period except in rare cases involving domestic violence or other exceptional circumstances.
The waiting period does not mean you can’t start separating everything amicably. A lot of former spouses divide their house up prior to making the separation a divorce action. As long as everything is clear and cordial, the court will often favor you figuring it out yourselves outside of their influence.
What You’ll Need to Settle Things Quickly
To streamline your uncontested divorce in Claremore, gather the following documents and information early:
- A complete list of all marital assets and debts
- A proposed property division plan
- A written agreement on spousal support, if applicable
- A detailed parenting plan if children are involved
- Both parties’ current income information
The more organized and cooperative both parties are, the faster the process can move. Having legal counsel review your documents—even in an uncontested case—can also prevent future disputes and ensure your agreement meets Oklahoma’s legal standards.
Claremore Divorce Attorneys
Uncontested divorce can make a lot of prior marital issues disappear. Although it requires cooperation on both sides, most people are happier when it’s all said and done. Even in uncontested divorces, it’s wise to consult a local divorce attorney to ensure the protection of your rights. Here at Claremore Attorneys, we help clients navigate the process with clarity and confidence. If you’re ready to move forward with an uncontested divorce, contact us today at 918-379-4872 to schedule a consultation, or reach out to us online.
