Contested vs. Uncontested Divorce in Oklahoma: What You Need to Know

Mar 19

By Travis Vernier, Esq. – Bennett Vernier, PLLC

Deciding between a contested or uncontested divorce in Oklahoma can have a significant impact on your finances, emotional well-being, and the time it takes to finalize your case. Understanding the differences can help you make the best choice for your situation.

If you're wondering which type of divorce is right for you, here’s what you need to know.

What’s the Difference Between Contested and Uncontested Divorce?

✔ Uncontested Divorce – Both spouses agree on all key issues, including property division, child custody, and support.

✔ Contested Divorce – Spouses disagree on one or more issues, requiring court intervention to resolve disputes.

While the concept seems simple, the legal and financial consequences of each type of divorce can be very different.

Uncontested Divorce: Fast, Cost-Effective, and Low-Stress

An uncontested divorce is the fastest and least expensive way to dissolve a marriage. If both parties agree on everything, the process is straightforward:

✅ Waiting period:

90 days if you have children (Oklahoma law requires parenting classes).
10 days if you don’t have children.

✅ Process:

File the divorce petition.
Draft and sign the divorce decree.
Submit it to the judge for approval.
Once approved, the divorce is finalized.

💡 Benefits of Uncontested Divorce:
✔ Lower cost – Fewer attorney fees and court expenses.
✔ Faster resolution – Typically finalized within 10-90 days.
✔ Less stress – Avoids long legal battles and emotional strain.

If both parties can cooperate and agree on property division, custody, and support, an uncontested divorce is the best option for saving time, money, and emotional energy.

Contested Divorce: When Disagreements Lead to Court

If you and your spouse disagree on any aspect of the divorce, it becomes contested, meaning the court must step in to resolve disputes.

⚖ Common Issues in Contested Divorce:
✔ Child custody & visitation disputes.
✔ Division of assets & debts (including businesses).
✔ Alimony & financial support disagreements.

📌 How Long Does a Contested Divorce Take?

Some cases are resolved in a few months.
Others can last for years, especially if there are multiple disputes.

📌 Cost Considerations

Legal fees increase with the complexity of the case.
Discovery phase (exchanging financial records, depositions) adds to expenses.
Court appearances & trials further drive up costs.

💡 When to Fight & When to Settle
While fighting for your rights is important, unnecessary disputes can make the process longer, more expensive, and emotionally draining. A skilled attorney can help you negotiate where possible and litigate when necessary.