Many people who know their marriage has ended but whose partners do not want a divorce ask if they can still proceed with a divorce despite their spouse’s objections. Familiarizing yourself with Oklahoma divorce law with the help of an Oklahoma divorce lawyer at Stange Law Firm, PC, may give you the confidence to take the next step, even if your spouse is unsupportive, non-communicative, or otherwise unresponsive to the divorce process.

Oklahoma Does Not Require Mutual Agreement

Oklahoma law allows divorces on both fault and no-fault grounds. The most common ground for divorce in Oklahoma is incompatibility, the state’s version of a no-fault divorce. You do not need your spouse’s permission or agreement to file for divorce in Oklahoma.

So long as one spouse believes that the marriage is irretrievably broken, the court will grant a divorce, even if the other spouse does not want the marriage to end or refuses to participate in the divorce process.

Can My Spouse Say No to the Divorce?

A spouse cannot say no to a divorce in Oklahoma. If you and your spouse have filed for divorce, it is up to the court to resolve the issues and grant a final divorce decree, even if your spouse does not agree that the marriage should end or otherwise wishes to end the divorce process. An uncooperative spouse may cause additional delays, require more court hearings, or drive up the cost of the case, however.

Some common issues that arise in such cases include a spouse who refuses to sign court documents, does not respond to court papers, or contests various property or child-related issues in the divorce. While these moves can make the process take longer and may raise the cost of the case, an unsupportive spouse will usually not be able to stop a divorce from being finalized.

Default Divorce in Oklahoma

According to the Centers for Disease Control (CDC), in 2023, the divorce rate in Oklahoma was high at 3.3 per 1,000 people. The marriage rate in 2022 was 6.1 per 1,000 people, according to the Oklahoma State Department of Health.

Oklahoma allows for a default divorce if the other spouse has been properly served with the divorce papers, but does not respond within the required time limit. In this situation, the court will grant the divorce to the party who filed, and issue a divorce decree and any related orders for property division, child custody, and support based on the evidence presented.

Proper service of the divorce papers is critical for a default divorce, and a family law attorney can help you ensure that service is accomplished so the divorce case can proceed.

Contested Versus Uncontested Divorce

An uncontested divorce is generally one in which both spouses have agreed to the divorce and to all of the terms of the divorce settlement, including division of property, child custody, and support, and when there are no outstanding issues left to litigate before the court issues a final divorce decree.

When a spouse refuses to consent or when one or more contested issues must be litigated before a divorce decree can be entered, the divorce is considered contested. Although a contested divorce may take more time to finalize than an uncontested divorce would, the court will still be able to make all final orders necessary to end the marriage, including issuing a final divorce decree.

How Long Does It Take to Get a Divorce if My Spouse Objects?

The timeline for a contested divorce varies depending on numerous factors, including whether children are involved and the extent to which the parties dispute the terms of the divorce. There is a mandatory 90-day waiting period in cases with minor children in the household, although it is sometimes waived.

If the other spouse actively works to prevent the divorce or to slow or delay the process as much as possible, the divorce will likely take longer. In general, though, courts will move the case forward and issue a final order rather than allowing one party to indefinitely stonewall or prolong the process.

About Stange Law Firm, PC

Our family law attorneys at Stange Law Firm, PC, help clients in multiple cities and states, including Oklahoma City and the surrounding communities, with divorce and family law matters, including cases filed in the Oklahoma County District Court. Our firm opened in 2007 and focuses exclusively on divorce and family law. We aim to guide our clients through complex legal challenges with compassion, transparency, and dedicated client service.

FAQs

Q: Can I Get a Divorce in Oklahoma if My Spouse Refuses to Agree?

A: Yes. In Oklahoma, one spouse can file for divorce without the consent of the other spouse. Incompatibility is one of the fault grounds for divorce in Oklahoma, but it’s also considered a no-fault ground. This means that even if your spouse doesn’t want the divorce, the court can still grant it if all legal requirements are satisfied.

Q: What Happens if My Spouse Ignores the Divorce Papers?

A: If your spouse is served with the divorce papers and does not respond in a timely manner, you can ask the court for a default divorce. A default divorce means the court can grant your divorce without the participation of your spouse. If a default divorce is granted, the judge can issue orders related to the divorce, such as property division, custody and support, based on the information that you provide.

Q: Can My Spouse Delay the Divorce Indefinitely?

A: No. Spouses cannot delay a divorce by being unreasonable. A spouse can slow the process down by disputing issues or demanding hearings, but can’t delay the divorce forever. Oklahoma courts can make decisions on contested issues and force cases toward final resolution if one spouse simply refuses to participate or cooperate.

Q: Will a Judge Decide on Custody and Other Matters if My Spouse Doesn’t Agree?

A: Yes. If the parties cannot agree, then the judge will decide issues like child custody, parenting time, child support, property division, and spousal support. The court will make decisions based on Oklahoma law and the evidence presented, with the aim of being fair and considering the best interests of any children.

Contact Stange Law Firm, PC, Today

If you are going through a divorce and your spouse refuses to agree, you still have options. Stange Law Firm, PC, can help you in the process. Contact us today for a consultation.