Guide to an Uncontested Divorce
Why Hire an Attorney?
1. Expertise and Guidance: Navigating the complexities of divorce law can be daunting. An experienced attorney ensures all legal aspects are covered, safeguarding your rights and interests.
2. Detailed Legal Advice: Without proper legal counsel, you might overlook crucial details, leading to potential disputes or inequities down the road. An attorney makes sure every aspect is thoroughly addressed.
3. Fair Agreements: An attorney helps balance power dynamics, ensuring both parties reach a fair settlement without undue influence from one side.
4. Peace of Mind: Knowing that a professional is handling your case reduces stress and provides reassurance that everything is in order.
5. Court Approval: Even in an uncontested divorce, court approval is necessary. An attorney ensures all documents and agreements meet legal standards for a smooth approval process.
What to Expect:
Residency Requirements: Either you or your spouse must have lived in Oklahoma for at least six months before filing for divorce, and one of you must have lived in the county where you file for at least 30 days.
Filing the Petition: One spouse (the Petitioner) files a petition for dissolution of marriage. The petition must state the ground for divorce, typically "incompatibility."
Marital Settlement Agreement: You and your spouse must agree on all issues related to the divorce, such as property division, child custody, child support, and alimony. This agreement is included in the initial paperwork.
Review and Approval: The court reviews the petition and settlement agreement. If everything is in order, the judge will sign the divorce decree, finalizing the divorce.
Waiting Period: The petition must be on file for at least ten (10) days if there are no minor children, or at least ninety (90) days if there are minor children of the parties.
Finalization: Once the decree is signed, the divorce is official, and you are legally divorced.
Issues Addressed in Final Decree:
Child Custody:
● Types of Custody:
o Physical Custody: Determines the visitation schedule for the child.
o Legal Custody: Refers to who makes important decisions about the child's life, like education, healthcare, and religion.
● Joint vs. Sole Custody:
o Joint Custody: Both parents share custody and make decisions together. The child may split time between both parents' homes.
o Sole Custody: One parent has primary custody and makes decisions about the child's life.
Child Support:
● Guidelines: Based on Oklahoma’s child support guidelines, considering both parents’ incomes, the child's needs, and the amount of time the child spends with each parent.
● Who Pays and Who Receives: The non-custodial parent usually pays child support to the custodial parent.
● Duration: Generally required until the child turns 18, or until they graduate high school or turn 19 if still in high school.
● Modifications: Either parent can ask the court to modify the support amount if there's a significant change in circumstances.
Asset Division:
● Marital Property: Assets acquired during the marriage, regardless of whose name they are in.
● Separate Property: Assets owned by either spouse before the marriage or received as gifts or inheritances.
Debt Division:
● Marital Debt: Debt accumulated during the marriage.
● Separate Debt: Debt incurred by either spouse before getting married.
Alimony:
● Agreement Between Spouses: Spouses agree on the terms of alimony, if any.
Our Service Includes:
● Full handling of your uncontested divorce for a flat fee of $1500.
● Personalized attention to your unique situation.
● Preparation and filing of all necessary legal documents.
● Expert advice on property division, child custody, support, and alimony.
● Efficient and stress-free process.
Don’t Navigate Divorce Alone. Let Us Help You!
Contact us today to schedule a consultation and take the first step towards a smoother, more manageable divorce. With professional guidance, you can ensure a fair and equitable resolution, paving the way for a fresh start.