There is no legal requirement to be represented by a lawyer when filing for divorce in Oklahoma. Many couples have filed for an uncontested divorce through a process known as a “waiver divorce.” This process allows couples to end their marriage without all the hassle typically involved in a traditional divorce.
Do You Need A Lawyer?
If both parties agree to file for an uncontested divorce, then it’s unlikely that you will need to hire a lawyer. However, if child custody, money, and assets cannot be resolved, it may be in your best interest to hire a lawyer to navigate these situations.
While you may be on good terms with your spouse, you never know how things may turn out. If sizeable amounts of property or assets are at stake, hiring a lawyer helps make sure they are divided fairly.
Oklahoma Divorce Residency Requirements
To file for a divorce in Oklahoma, one spouse must have resided in Oklahoma for at least six months before filing. The spouses can file in any county of residence if they have lived there for a minimum of 30 days.
Requirements for Waiver Divorce
Only couples that agree on the reason for the dissolution of their marriage can opt for a waiver divorce. In Oklahoma, couples have the option to choose a “fault” or “no-fault” divorce. You can only file using the “no-fault” divorce in a waiver divorce, meaning that the only reason you can cite for your divorce is incompatibility.
Additionally, spouses must also agree on child support, child custody, spousal support, and division of property. If both parties cannot agree on these matters, they must file for a contested divorce.
Filing Procedure for Waiver Divorce
In a waiver divorce, spouses must settle all matters before filing any paperwork. This decision allows the couple to submit all their dissolution documents at once. The waiver part of the divorce procedure refers to waiving the service of the process.
Once all the paperwork is filed, couples without minor children must wait ten days before the case’s final hearing. For couples with children, there is a 90-day waiting period.
A waiver divorce is often an attractive choice for couples looking for an alternative to a lengthy and messy divorce battle. This process allows couples to work out their issues and assets without involving external parties.
Reddy & Feldhake, P.C. Can Help You With The Divorce Process
Even if you plan to go through the divorce process without a lawyer, it never hurts to explore all your options before making a weighty decision like this. If you’re not quite sure where to get started, Reddy & Feldhake, P.C. offers services you can trust at an affordable price.
Get in contact with us today to schedule a free consultation. You can do this by giving us a call or filling out our online contact form. We will get in contact with you to begin your legal procedures.