Divorce is unpleasant for everyone involved, to say the very least. The emotions range from stress to confusion to grief, especially if someone is caught unaware. No one wants to go through dragged-out complexities that usually befall filing the petition and the pending proceedings.
It doesn’t have to be complicated, though, if the two parties come to an agreement and make the process uncontested.
As a matter of fact, the suggestion is that residents can get an express divorce in Oklahoma state. The divorce process in the state boasts of being affordable and quick. It’s even possible to move forward if one of the parties takes a stance not to sign any of the paperwork.
In Oklahoma, the guidelines stipulate that it isn’t a requirement that each spouse’s signature appears on the divorce documents; only that of the filing spouse is imperative for the proceedings to move forward.
If a non-filing spouse could hold up the works by refusing to sign, many outstanding divorces would be on the books since initiating these emotional circumstances is often not a mutual consideration. Let’s look more closely at some procedures followed for an Oklahoma divorce.
What Are Some Steps Taken With An Oklahoma Divorce
Divorce can be exceptionally emotional, especially for the non-filing party. In some cases, this individual might opt not to sign the paperwork in a staunch effort to stop the proceedings. Unfortunately, in Oklahoma, that doesn’t work. It is possible for the petition to move forward with only the filing person’s signature. Find a guide to getting a divorce in Oklahoma at https://www.survivedivorce.com/oklahoma.
Sadly, many people would use this avenue to stall divorces by merely not signing if that were allowed as a tactic. In many states, but particularly in Oklahoma, the law is prepared for virtually any roadblock.
In fact, the state offers a relatively rapid divorce process with merely three steps for petitioners to follow, including filing the paperwork, adequate notification to the individuals involved, and presenting for the court hearing as scheduled. If not happy terms, one can consider divorce modification. The modification of divorce is possible to a certain decree.
Usually, the non-filing partner receives notification when served with the divorce documents, typically by a court-appointed officer or sheriff’s deputy. There will be a court hearing of any contested issues or if the parties are unable to agree.
If someone issues the court date, there will be a judgment by default as the court moves forward with the proceedings.
A “default divorce” is declared by the court in Oklahoma in the event a spouse doesn’t participate in the divorce in any capacity by not signing papers or coming to court.
Time is a critical element in an Oklahoma divorce
The court attaches specific deadlines with response time for documents filed with the court. If there is no action taken by the court-appointed deadline, the court has the authority to move forward without that individual’s permission.
In essence, a non-filing spouse can neglect all documents that come before them, adamantly refusing to sign any paperwork. Still, once the court’s deadlines have been reached, the individual filing will receive a default divorce granted by the court.
While the court acts within the guise of the law in granting the default divorce, the non-filing party has the right to then “file to vacate the judgment.” Still, it needs to do so within a designated period of time and by providing a sufficient reason why there was a default.
Filing to vacate the judgment for a default divorce
The court has the option of vacating the appointed default divorce under varied conditions, for instance, if the spouse were indisposed, perhaps admitted to the hospital.
The request to vacate the default divorce will likely be granted since the court system’s goal is to use the facts provided by each party when deciding cases, especially if there are kids and families in the mix.
The court places a waiting period of a few months for finalization when minor children are involved, even if the divorce is a mutual consideration.
The non-filing spouse can’t be located
The filing spouse might find it challenging to locate the non-filing partner in an effort to serve the divorce documents, a requirement of the court. Either the individual’s location is unknown, or the person purposely avoids receipt of the paperwork.
Again, this can be seen as a stalling tactic where eventually, a default divorce will be granted for which the non-filing spouse can then have that vacated.
Still, the indication in this instance is that as long as the diligent effort has been made, reasonable and honest, to find the non-filing partner, to no avail, the Oklahoma court system will proceed with the divorce without the missing spouse.
Fees will apply
As with any court filing, divorce documents will require appropriate fees to be paid to have the paperwork officially placed on file. There will be variables to determine the cost of the filing.
That includes whether there are minor children to consider and if the filing spouse prefers that the court issue the divorce paperwork to the non-filing partner. These fees are due upon filing of the documents. Click for details on divorce in Oklahoma.
Divorce isn’t a pleasant experience for either party, whether you’re the one filing or the one caught unaware. The easier and least complicated the process, the less stress and upset it causes everyone involved.
That’s the case in Oklahoma. The state makes the proceedings relatively fast and simplified even if one person tries to stall the process by not signing or making themself unavailable for being served or the hearing.
In either situation, the non-filing person can still be granted what’s referenced as a “default divorce,” helping to avoid additional aggravation.
There’s plenty of sadness and loss, plus anger attached with divorce. The best two people can do for each other is handle the ending of the relationship with some semblance of civility so they can at least move forward with a glimmer of positivity towards each other. That’s the least you can take from being married to someone.