Dissolution of marriage or divorce is not a convenient experience for the people involved. But an uncontested divorce, especially in Oklahoma, is a less stressful and faster process compared to an average divorce. It is usually considered the most stressful and difficult experiences individuals will go through in their lives.
But for couples that can reach a resolution to their dissolution of marriage, the stress involved is usually far less compared to what people expect. A lot of these processes are litigious. For instance, the parties fight over many or some issues with the help of an Oklahoma separation lawyer.
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But the uncontested dissolution of marriage is a process that allows people involved to avoid the regular fighting with a shorter time frame for resolving problems, as well as finalizing the process. This article will answer some questions concerning uncontested parting of ways in the state of Oklahoma.
Basically, this process is a type of divorce that results in decrees that are agreed on by parties involved, for instance, not a litigated or contested dissolution of marriage. In this type of process, involved parties reach an agreed decree that resolves all the critical terms in the judicial separation. The difference between contested and uncontested separation is that whether or not people will have to appear before judges in the case.
Uncontested judicial separation
This type of procedure is pretty self-explanatory one. In an Oklahoma uncontested judicial parting of ways, both parties need to reach an amicable agreement when it comes to the division of personal properties, debts, real estate properties, spousal and child support, as well as other problems that are usually litigated in contested divorce cases. Reaching an amicable agreement with both parties on these problems can provide individuals with the opportunity to work with an experienced divorce lawyer for a smaller fee compared to its contested counterpart.
Even if both parties reach an amicable agreement on each problem in the case, and they want to pursue a legal waiver separation, it is in the best interest of people involved working with a reputable and experienced lawyer to make sure that their interests and rights are protected in the decree and other orders in the case.
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To accomplish this kind of divorce or a waiver separation, husband and wife need to agree on all issues necessary to terminate the marriage. In the state of Oklahoma, people can file a fault separation or no-fault separation. Still, husbands or wives can only seek uncontested or waiver marriage breakup if they take a no-fault divorce action in the state of Oklahoma.
To seek a waiver or uncontested dissolution of marriage in the state, people need to plea in their Petition for Divorce that the partnership is incompatible. For instance, a no-fault separation pursuant to Section 101 of the state’s Statutes Title 43. Once the dissolution is filed, the person needs to reach an amicable agreement on all crucial issues to terminate their marriage through an uncontested parting of ways to avoid any litigation.
As mentioned above, these problems affairs include the division of debts, property distribution, child custody, child and spousal support, distribution of retirement assets and accounts, and other problems. People will be forced to go through contested proceedings if they and their wives or husbands are not able to reach an amicable agreement on every problem in their case; for instance, the case is truly an uncontested split up.
In these cases, the parties can submit the needed pleadings to the court jointly, or one of the two parties can present the necessary documents to the court. Waiver divorce comes from the idea that the recipient of the petition for the dissolution, also called the respondents, gives up or waives their rights to file a counter-petition or answer the petition. Instead of filing responsive pleadings, the respondent will waive their rights.
The uncontested dissolution of marriage process
Experts recommend that both parties should speak with an experienced and licensed lawyer to assist them through the process. These professionals are ready to answer any questions, but people need to read the overview mentioned below until the people involved are ready to meet with these lawyers.
The petition for the dissolution
As mentioned above, in these cases, parties will initiate the parting of ways by filing a petition to lay out the suggested agreement for issues needed to complete the proceedings. Both, or at least one of the people involved in the case, need to live in the state for at least six months before filing the dissolution and at least thirty days in the country they are filing their waiver. There is a filing expense or fee …