THERE ARE TWO BASIC TYPES OF DIVORCE:
Contested divorce and uncontested divorce. Whether you are getting a divorce or filing for divorce, the following will help you begin to understand the divorce process.
You are facing a contested divorce if you and your soon to be ex-husband or ex-wife are not on speaking terms, or if you cannot reach an agreement as to all the issues in your case. If you have children of the marriage it is highly likely you are in a contested matter.
THE MAIN ISSUES IN A CONTESTED DIVORCE:
The issues in a divorce may contain all or some of the following issues: child custody, child support, visitation, support alimony, division of marital assets such as a home, 401(k), automobiles, silver/China, pets…or just about anything else the parties consider to be of value.
IT’S IMPORTANT TO REMEMBER:
When facing a contested divorce it is important to protect those things you value most and have worked hard in your life to acquire.
Although rarer than contested divorces, uncontested divorces do happen. Most typically these are short-term marriages where the parties do not have kids or a large number of assets. Your divorce is uncontested if you and your soon to be ex-husband or wife have agreed on all the issues you are facing.
REACHING AN AGREEMENT:
Uncontested divorces require the parties to communicate effectively to work through the issues. Many times people who have reached agreement will seek out an attorney to assist in the process to ensure the necessary paperwork and documentation has been provided to the court to complete the task of securing a divorce. It is important to know that even when divorce is uncontested, there must be a court hearing to finalize the divorce.
Whether contested or uncontested, a divorce petition must be on file for a minimum amount of time before a divorce can be granted. Where the parties have minor children, the soonest the divorce will be granted is 90 days after the petition has been filed. Where there are no minor children, the minimum is 10 days.
WAITING PERIOD EXCEPTION:
There is an exception to the waiting period and should you desire to seek a faster resolution, please be sure to inquire as to such at your initial consultation. Once your divorce is granted, you are barred under Oklahoma law from remarrying anyone other than your ex-spouse for a period of 6 months.