Most divorce attorneys will encourage parties to cooperate with each other and learn to compromise when going through a divorce in efforts to avoid a contested divorce in Tulsa, Oklahoma. Many times this is not easy to do due to lingering relationship issues, incompatible personalities, and anger about the situation.
It is important to understand the difference between a contested divorce and an uncontested — or default divorce — because there are benefits to an uncontested divorce that can make the process easier.
Agreement
In a contested divorce, the parties cannot agree on getting a divorce or agree to decisions related to the divorce such as custody, division of assets, or alimony.
On the other hand, an uncontested divorce means both spouses agree on all the decisions that must be made for a divorce.
Agreement greatly affects all elements of a divorce, which we will touch on below. The basic premise of agreement is the understanding between both spouses that they must cooperate, remain respectful, not let their emotions get the better of them, and compromise.
Time
As mentioned before, agreement affects all aspects of a divorce process, especially time. When a divorce is contested, it means it will take more time in the courtroom, more time with attorneys, and more time spent worrying about your case.
In an uncontested divorce — because the spouses both agree on the important decisions of their divorce case — their divorce may only take a few meetings with their attorneys to complete the final divorce paperwork. There is less time in the courtroom fighting over assets or custody, less time meeting with attorneys, and less time worrying about the outcome.
Emotional Toll
It doesn’t take a divorce attorney to tell you that parties in a contested divorce have a high amount of stress, sleep less, and worry more. There are so many uncertainties when it comes to a contested divorce because most of the decisions are up to a judge, not you and your spouse. There is less control and more hearings to sit through, as well, in a contested divorce.
In an uncontested divorce, while the emotions may still be high, they are not amplified by the stress a contested divorce produces. Working cooperatively creates a feeling of trust and respect, which lowers the feelings of anger and worry.
Many times couples report they “feel nothing” when they go through the uncontested divorce process. While not ideal, they typically seek out family, friends or a therapist to process feelings — or lack of feelings — in a healthy way.
Courtroom
It is true that if you and your spouse agree on everything, you will never have to see the inside of a courtroom. A courtroom and judge are used for when parties cannot come to an agreement and need the judge to decide an issue in their divorce case.
In an uncontested divorce, you and your spouse will sign a marital settlement agreement, or an MSA, when you have agreed upon all the important elements of your divorce case. These elements include child custody, child support, visitation, relocation, division of assets and debts, separate property, and alimony.
Initial Consultation with a Tulsa Divorce Attorney
Consulting with an attorney as soon as possible in a divorce case is very important in order to preserve your rights and make sure terms of your divorce settlement are fair. An attorney can help you remain cooperative and reasonable during the entire divorce process.
Hopefully you and your spouse will be able to pursue an uncontested divorce in order to save on time, emotional stress, and visits to the courtroom. Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa family law attorney when you need to go through the Oklahoma divorce process.
For a low-cost confidential consultation, call now: (918) 924-5526.