Nobody enters into a marriage expecting it to fail. Marriage takes a great deal of work, but sometimes work is not enough. Some marriages can’t make it. If that ever happens to you, you want to make sure you take extra precautions to protect yourself, especially if you anticipate the divorce to be contested. A contested divorce can be emotionally devastating and publicly painful, but an Oklahoma City divorce lawyer can help you work through it and protect your interests.
The Pitfalls of a Contested Divorce
When you ultimately decide that a divorce is the only way forward for you, the last thing you want is to become embroiled in a contested divorce. When there’s contention in the breakup of your marriage, you will recognize it. While an uncontested divorce is relatively amicable and smooth for both partners, a contested divorce is the total opposite.
In a contested divorce, both partners are unable to reach any sort of compromise on anything; there may be strong feelings of resentment, betrayal, and even hate driving one spouse’s efforts, and your spouse’s ultimate goal may simply be to make this process as difficult as it can possibly be for you. They may view your divorce as some sort of competition, and unless you lose everything, they aren’t going to win. This mindset is not healthy, and it will make things tough.
In a contested divorce, the court is going to be heavily involved in making decisions for you since you are unable to reach any agreements with your spouse. The court will need to make decisions on many different factors in your divorce, including division of assets, spousal support, and child custody arrangements. Since everybody’s divorce is comprised of its own challenges, your experience may be slightly different.
Throughout it all, your saving grace may be an experienced divorce lawyer. Having someone by your side throughout a contested divorce to provide you with consistent advice, a legal strategy, and reliable help can make all the difference when you are dealing with the worst-case scenario. A contested divorce is going to take much longer than an uncontested one. This is largely due to the other spouse being somewhat blindsided and resentful of your decision to end the marriage.
Getting Divorced in Oklahoma
Regardless of whether or not you are pursuing a contested or uncontested divorce in Oklahoma, the process will begin with the filing of a Petition for the Dissolution of Marriage. After that, the steps may differ greatly depending on your particular situation. When it comes to a contested divorce, the steps can be a bit complex. An experienced divorce lawyer can help you work through them in a timely manner. Here are the steps you can take to file for divorce:
- File the petition. First and foremost, you need to file a divorce petition and make sure the paperwork is correct. You also have to make sure you meet Oklahoma’s residency requirements. At least one spouse has to have lived in the filing county for at least 30 days and in the state for at least six months.
- Serve the divorce papers. The next step involves your spouse being served divorce papers by either a process server or a county sheriff. This step can be grueling, embarrassing, and explosive depending on your situation and whether the spouse is served in a public setting. Your spouse will have 20 days to respond to the petition, and they may do so with a counterclaim.
- Hearing and trial. The next step in the process is to attend a formal hearing regarding any grievances. If there are disagreements, the hearing will be the time to argue your position. If agreements are not reached at the hearing, your divorce will go to trial, and a judge will make the final decision.
FAQs
Q: Can I Withdraw My Divorce Petition If I Change My Mind?
A: Yes, you can withdraw the petition for divorce if you change your mind. However, you can only do so before the divorce is finalized and if both parties agree to drop the divorce proceedings. It is far easier to abandon divorce proceedings early on in the process before the divorce has found its way to the court. A divorce lawyer can help you figure out what your options might be.
Q: How Long Will It Take to Finalize a Divorce in Oklahoma?
A: There is no definitive way to tell how long it will take to finalize your divorce in Oklahoma. Every divorce is different, with each case having its own details and factors that ultimately will determine how long things will take to finalize. If your divorce is contested, it’s going to take longer to finalize than if it were uncontested. You also have to consider asset division, child custody, and both parties’ willingness to compromise.
Q: What Are the Positives of a Contested Divorce?
A: A contested divorce is the most stressful way to pursue a divorce. There aren’t many positive aspects to it, but there are a few. One potential positive that you might find in a contested divorce is the increased legal protection you would have. You might not bother hiring a lawyer in an uncontested divorce, but you won’t want to pursue a contested divorce without one. Having a lawyer by your side can provide you with peace of mind.
Q: What Are the Negatives of a Contested Divorce?
A: A contested divorce is most likely going to be a negative experience for you and your spouse. A divorce becomes contested because one of the spouses does not want a divorce or wants to divorce on their terms instead of yours. There are many negative aspects to a contested divorce, including the expense, the time, the hassle, and the stress.
Reach Out to a Divorce Lawyer
Having experienced legal help by your side during your divorce is a necessity. Your spouse is probably going to hire their own lawyer, and the last thing you want is to be caught unprepared. The legal team at Stange Law Firm can help you secure a favorable outcome in your contested divorce. Contact us to speak with a valued team member about your case.
