About Uncontested Divorce – What Are the Benefits – How to File for divorce in Oklahoma
Filing for divorce is most often an expensive, heart-wrenching affair. Even if the hefty lawyer fees don’t drown you, the emotional roller-coaster of it all will wear you out. However, there are times when both parties to the marriage mutually agree to divorce. Maybe the marriage just isn’t working out, or they now realize that they are not compatible. An uncontested divorce is the best option for such cases. It is not only cheap but also takes less time and is less complicated. Here is a guide on how to get an uncontested divorce and the forms required!
Forms required to get an uncontested divorce
An uncontested divorce is whereby two parties mutually agree to settle their divorce pro se. Agreed Divorce means that they will be handling the divorce themselves without the services of an attorney. All the parties have to do is fill some cheap uncontested divorce forms and get started. Here are the forms required to file for an uncontested divorce.
Petition for divorce
The petition is a mandatory requirement for both contested and uncontested divorces. The divorce process can only start once you have filed for a petition for divorce. When it comes to uncontested divorces, the request is supposed to be accompanied by four other documents. These documents should be duly filled and attached to the petition before being handed in. They include;
Verification form– this is to attest that everything stated in the petition form is nothing but the truth. This form should be notarized.
Summons form– this is to inform your partner how the designated timeline for him to respond to the petition through filing the divorce paperwork.
Automatic temporary injunction notice– this notice informs your partner that some actions are henceforth prohibited, including cancellation of insurance policies and sale of marital assets.
A cover sheet is also required. It is downloadable on most legal sites or can be gotten from the court clerk.
Financial Affidavit is a comprehensive document that requires one to fill out detailed information regarding their budget, assets, income, and debts.
Waiver of divorce
A waiver is a form used to waiver services in regards to the divorce paperwork. The waiving party informally rescinds his right to be served formally or even be notified of the court dates. Waiver Divorce means that one spouse can take up the divorce in court without the other party’s involvement.
Final Decree of Divorce
It is the last step in the divorce proceedings. A Divorce Decree is a form containing all the essential and relevant information regarding the divorce case including the decision of the court. It’s important to note that a decree of divorce is not the same thing as a divorce certificate.
How to get an uncontested divorce
What is the process of getting an uncontested divorce?
Notarize the petition
You should first fill out the petition form, sign it and accompany it with an affidavit. These forms should be taken to a notary public where they should be signed and notarized.
Filing the petition
Make three copies of the notarized petition and attach them with the verification forms. Take these copies to the court clerk located in your county for them to be filed. If you have children, find out if there is a parenting program you’re required to take and the minimum hours needed.
Give your spouse the documents to sign.
It is important to note that you are legally required to wait for at least one day before taking the documents to your spouse for signing. You should give your spouse a divorce decree, waiver, entry of appearance and a copy of the petition to sign. The signed documents should then be taken to the court clerk to be filed.
Request for a court date.
If there is child involvement, the average waiting period before requesting a court date is at least 90 days. 90 Days gives you enough time to complete any court-mandated parenting courses. You should wait for at least ten days if there’s no child involvement.
Time to see the judge.
Ensure you take with you all the required paperwork to court. If your spouse signed a waiver, they don’t have to attend. Once the judge has approved the divorce decree, get it filed at the court clerk’s office and you’ll be officially divorced! Ensure your ex-partner gets copies of everything.
Compared to the other ways of handling a divorce, an uncontested divorce is by far the least expensive and least complicated. Both parties are in control of the whole process, and it doesn’t take long.