An uncontested divorce happens when spouses file for a divorce in agreement on all major issues or agree on most and are prepared to negotiate the terms of their separation agreement. This is different from a contested divorce, where parties have the court decide the major aspects of a divorce, including property division, spousal support, and child custody. An uncontested divorce is faster, less expensive, less stressful, and often much easier on the whole family.
Of course, many divorcing spouses may wonder if the cost of an attorney is worth it in an uncontested divorce. The truth is that working with an attorney could save you money, time, and stress, even in an uncontested divorce. Depending on the situation you’re in when filing for a divorce, an attorney can be a much-needed asset to mediate or help finalize a separation agreement.
How Does an Attorney Help?
There are several potential benefits to working with a Tulsa divorce attorney. This includes:
- Drafting and Checking the Separation Agreement
When you work with an attorney in your local area, they will have significant experience with the divorce and family law requirements on the state and local levels. When an attorney helps you draft and review the agreement, you can feel more confident that the agreement meets the requirements and won’t be held up because of minor errors. It will also ensure the agreement is legally valid. Otherwise, the process may take longer, there may be additional court fees or other costs, or you and your spouse may have to start over.
- Protecting Your Rights
An uncontested divorce happens because spouses are largely amicable during the divorce. However, even then, emotions can be high and legal issues can come up. If you and your spouse are not familiar with all aspects of a divorce, you may overlook important liabilities or assets. The separation agreement may also be very unfair to one party without either spouse realizing it.
Your attorney has handled divorce agreements before and knows when tax implications, hidden costs, or other issues may arise in properties and debts. An attorney will also know the potential future consequences of decisions made in a divorce decree. This can help protect both parties from negative consequences.
- Mediating Negotiations
Emotions can run high during any point in a divorce, even when spouses are trying to work together. A divorce is a highly emotional process, and spouses are discussing very personal and life-changing choices. When you work with an attorney, you can either have one attorney mediate between spouses, or each spouse can have an attorney representing them in a collaborative divorce. An attorney can help steer negotiations to be more productive and help prevent disputes between spouses. They can also help spouses find unexpected solutions and compromises to issues. Every divorce is unique, but an experienced divorce attorney has likely encountered situations like yours.
- Resolving a Divorce More Efficiently
An attorney makes the process of resolving an uncontested divorce much faster. An attorney may have resources to help with property division, such as financial valuators and professionals. They will know what paperwork is needed and be able to follow the legal deadlines and requirements. While spouses would need to take the time to figure all of these things out, a divorce attorney has experience with this and can help you deal with it more quickly. This will also lessen the stress on both parties, allowing them to focus on working through a separation agreement together.
- Providing Professional and Experienced Advice
Your divorce is unique, and completing an uncontested divorce through pre-made forms is not going to account for your unique financial and personal needs. A divorce attorney is a professional who has worked for years in this field and can answer all your questions and lead you along each step of the process.
They can support you during this difficult time and work to understand the unique individual needs of your divorce. Though an uncontested divorce doesn’t go through the court, the separation agreement does need to be submitted to the court for approval to be legally enforceable. Your attorney can help your agreement be more likely to be approved.
FAQs
Q: Do I Need a Lawyer to Divorce in Oklahoma?
A: An attorney can make any divorce more efficient and less stressful, whether it is contested or uncontested. When you work with a divorce attorney, they will listen to your situation and determine the ideal course of action to fairly settle your divorce as quickly as possible. Your attorney can defend your rights during mediation or litigation and protect you and your family’s interests.
Q: What Are the Advantages and Disadvantages of Using an Attorney When Divorcing?
A: A divorce attorney can have a high cost but can often save you money overall. Rather than mediation or litigation that drags out for several months or even years, an attorney will have the experience you need to negotiate or advocate for your needs in a divorce agreement. This can make the process much faster. Your attorney will also be able to provide objective assistance with your divorce proceedings and look for an ideal outcome for your family.
Q: How Long Does an Uncontested Divorce Take in Oklahoma?
A: An uncontested divorce where parties have no children has a mandatory minimum waiting period of 10 days. If parties do have children, the waiting period is 90 days. These minimums are not a guarantee, however. The length of any divorce, even an uncontested divorce, will rely on several factors. This includes the number and value of assets that need division and how long negotiations take for spousal support, child support, and child custody.
Q: Can You Waive the 90-Day Waiting Period for Divorce in Oklahoma?
A: It is possible to waive the waiting period. If spouses have no children, their waiting period is ten days, not 90. Either waiting period may not apply for certain types of fault-based divorces. Additionally, waiting periods can be waived by the court if it determines there is a good cause and the other parties have no objections.
Protecting Your Interests in an Uncontested Tulsa Divorce
The attorneys at Stange Law Firm provide compassionate and personalized legal care for any couples trying to work out an uncontested divorce. Contact our team today to learn more.
