Uncontested Divorce in Oklahoma
Learn whether you may pursue a faster and cheaper divorce in Oklahoma.
In Oklahoma, it is possible to obtain an uncontested divorce in as little as 10 days through a process known as a "waiver divorce." A waiver divorce is an uncontested procedure that allows couples to end their marriage without the cost and delay common to traditional divorce.
Residency Requirement and Grounds for Divorce
In Oklahoma, divorce is referred to as a "dissolution of marriage." Instead of plaintiff and defendant, the filing spouse is called the petitioner. The defendant spouse is known as the respondent.
To file a dissolution in Oklahoma, at least one spouse must have lived in the state for a minimum of six months. The spouses can file in either party's county of residence as long as the person has lived there at least 30 days.
Waiver Divorce Requirements
A waiver dissolution of marriage is only available to spouses who have reached an agreement on all the issues in their case. This means they must agree on potentially complex issues such as property division, child custody, assignment of debts, distribution of retirement assets, child support, and spousal support. If the parties have any outstanding disputes on any of the issues in their case, they must file a contested divorce.
In a waiver dissolution, the parties agree on all points before they even file paperwork with the court. This allows them to submit all their dissolution documents at once. The "waiver" part of the procedure refers to waiving service of process. In the United States, parties to a lawsuit are entitled to receive notice that they have been sued. In Oklahoma, a respondent can waive this notification by submitting a piece of paper to the court acknowledging that he or she has received the documents.
At a minimum, parties must file the following forms:
- Domestic Relations Cover Sheet
- Petition for Dissolution of Marriage (3 copies)
- Entry of Appearance and Waiver of Service (3 copies)
- Final Dissolution of Marriage Decree (3 copies)
Additionally, couples must file the following documents before the final hearing in their case:
- Marital Settlement Agreement
- Parenting Plan
- Schedule of Visitation
- Financial Affidavit (both parties)
- Child Support Worksheet and Custody Schedule
In waiver cases, it is customary for the parties to file their marital settlement agreement, parenting plan, and other forms at the same time they submit the petition paperwork.
Once this paperwork is filed, parties without minor children must wait 10 days before the final hearing in their case. There is a 90-day waiting period for couples with children. Additionally, the majority of counties require parents to attend a special class that explains how divorce impacts children.
A waiver dissolution of marriage is an attractive option for couples who want a fast alternative to a prolonged divorce battle. In many cases, it is possible for parties with no children and uncomplicated assets to prepare their own documents. Working out issues and differences on your own can help you feel like you have control over your divorce. Although the Oklahoma Supreme Court does not maintain a database of self-help divorce forms, some counties, such as Canadian County and Tulsa County, provide several helpful forms on their websites.