Oklahoma Legal Center has divorce lawyers that can help you navigate your way through these difficult times. Contact the Oklahoma Legal Center today.
Oklahoma has two types of divorce: absolute divorce and limited divorce. An absolute divorce, in legal ease, is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony. After getting an absolute divorce in Oklahoma, which requires six (6) months of residency, the status of both the husband and wife become legally single again.
A limited divorce in Oklahoma is generally known as a separation, or a separation decree. A separation or limited divorce means that the right to cohabitation has been ended but you are still legally married. At this point, you are still considered married and the status of you and your spouse is not altered.
Oklahoma was the first state to introduce “no-fault divorce” in 1953. By 1970 most states followed Oklahoma introducing “no fault” divorces into state law. Until then, fault-based divorce in Oklahoma required one spouse to prove the other was responsible for the divorce through alleged adultery, cruelty, desertion or drunkenness. Oklahoma no-fault divorce eliminates the potentially embarrassing and undesirable need for the court to know why you are getting a divorce or who is to blame for your divorce.
If you have a question regarding a divorce in Oklahoma, please Contact the Oklahoma Legal Center, an Oklahoma divorce lawyer is ready to help.
Waiver Divorce in Oklahoma
What is a waiver divorce? A waiver divorce is an uncontested or agreed upon divorce. In order to qualify for a waiver divorce, the parties must reach an agreement as to all issues involved, such as the division of property and debts. If there are children involved, the parties must also agree to the terms of child custody, visitation, and support.
When is a waiver divorce appropriate? A waiver divorce is an option when the parties are communicating well and can agree upon the terms of their divorce in an amicable fashion. It is usually not appropriate in cases that involve a complex marital estate or several complicated issues. If there is even one issue in dispute, a waiver divorce will not be feasible.
Can one attorney represent both parties in a waiver divorce? No. An attorney cannot ethically represent both sides to a divorce. The party retaining the attorney would be represented and the other party to the agreement would be proceeding Pro Se, or without an attorney. The attorney would communicate with the party who retained him in order to file the Petition for Dissolution, and to draft the final agreement (Decree of Dissolution of Marriage) and all necessary corresponding documents. The Pro Se party is free to seek independent legal advice if he or she desires.
What happens if the other party changes his/her mind and refuses to sign the Decree? In the event the parties are no longer in agreement, the case would then be considered contested and the filing party will have to proceed as such. The attorney-client agreement would then change from a flat fee to hourly billing with a minimum trust account balance required.
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Pick up the phone or email the firm today to learn more about how our divorce lawyers can help you save money on your divorce and help you get started living the rest of your life. Contact the Oklahoma Legal Center for a cheap divorce today.