Uncontested Divorces
What constitutes an uncontested divorce? Many people seem to think that because you are not contesting the actual divorce, means you are not contesting the divorce. If the two parties are not in agreement as to how to split the property acquired during the marriage, it is considered a contested divorce. If you are not in agreement as how to split custody of the children you are contesting your divorce. An uncontested divorce means, the parties have already made an agreement, either reduced to writing or not, on how to split the assets of a marriage. For example, wife files a petition for divorce. Husband upon receiving service, signs a waiver of entry of appearance, and consents to the divorce. Both wife and husband sign the divorce decree which includes the agreement made between the two on how to split their assets, wife appears with the attorney in Court and the Judge signs the divorce decree. The parties are divorced upon the signing of the divorce decree by the Judge. In Oklahoma, two people without minor children can be divorced ten days after the initial Petition for Divorce is filed.
Divorce with Minor children overview
Going through a divorce is a very trying time in any person's life. When you add minor children to the situation, it even worsens the situation. When a couple makes the decision to divorce, I strongly recommend talking to your spouse about what to do with the children. I find that children benefit greatly when the parties put the best interest of their children as their top priority. Do not use your children as pawns to get to the other parent. Your children love you both, and they will always love you both. Do not make allegation that are untrue to hurt the other party. It will come back and haunt and worse off, it will be detrimental to your children. Make sure that your file an application for temporary order, the temporary order governs what happens to the your divorce such as who has custody, where are the children going to live, who pays child support and how much. It also has certain automatic temporary injunctions, which states that neither of the parties is allowed to harass the other party, or to do anything that would be detrimental to the children or that would harm the marital estate. Try to be accommodating of the person's schedule and do not be nasty. Don't be a push over either. In this case, the rule do unto others as you want them to do unto you is completely applicable. Finally, make sure your divorce is final, meaning that there is a divorce decree, which is signed by the judge and filed with the court clerk. You will be surprise, how many times divorces are not final because although everyone that needs to sign it has signed it, it is filed with the court clerk.
Modification of Custody orders
Do you know that you can modify your divorce decree after you have been divorce even for years? Most people think once they agree to something during the pendancy of their divorce, that is final and they cannot do anything about them. In Oklahoma, a divorce decree can be modified regarding custody of the minor children if there is a permanent, substantial and material change in circumstances since the entry of the final order which adversely affects the best interests of the child and which makes it in the best interests to modify the custody orders. For example, if mom was awarded custody of the child during the divorce. Now, the children are not doing so well in school, they are tardy to class all the time, they are getting into trouble at school and or with the law. The children are not thriving with mom, and then Dad can seek to modify the custody order, because clearly, mom cannot take care of the children hence the problems at school and with the law. Another example, Mom was awarded custody of the children during the divorce, now mom is on drugs or operating or selling drugs out of her home, she of course has no time for the children and she is putting the children is a dangerous situation. Dad can seek to modify the custody order, requesting that he be granted custody of the children, subject to mom's supervised visitation. Why do I say supervised, because mom is not able to take care of the children on her own, depending on drug of choice. Please call an attorney to discuss this matter further if any of these situations are applicable to you.