What Are the 4 Types of Divorce in Tulsa?

Understanding the different types of divorce can help individuals better prepare for the process and choose the approach that best fits their situation. When most people think about divorce, they imagine a lengthy courtroom battle between spouses arguing over children, property, and finances. While some divorces do proceed that way, many do not. In Tulsa County, divorces can take several different forms depending on the level of agreement between the spouses and the issues involved.

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Uncontested Divorce

An uncontested divorce is often the fastest and least expensive type of divorce available in Oklahoma.

In an uncontested divorce, both spouses agree on all major issues before the final hearing. This typically includes:

• Division of property and debts;
• Child custody and visitation;
• Child support;
• Alimony or spousal support;
• Any other matters that need to be resolved.

Because there are no disputed issues for a judge to decide, uncontested divorces usually require fewer court appearances and less litigation. For couples who can communicate and cooperate, this type of divorce often provides the most efficient path to ending the marriage.

Even in an uncontested case, however, the agreement must still comply with Oklahoma law and be approved by the court.

Contested Divorce

A contested divorce occurs when the spouses cannot agree on one or more important issues.

Disputes commonly involve:

• Child custody;
• Parenting plans;
• Child support;
• Property division;
• Business ownership interests;
• Retirement accounts;
• Alimony.

In a contested divorce, the court may conduct temporary hearings, require discovery, hear motions, and ultimately hold a trial if the parties cannot reach a settlement.

Contested divorces are often more time-consuming and expensive than uncontested divorces because the judge must resolve the disputed issues.

While many contested divorces eventually settle before trial, they begin with significant disagreements that require court involvement.

Default Divorce

A default divorce occurs when one spouse files for divorce and properly serves the other spouse, but the responding spouse fails to participate in the case.

If the responding party does not file an answer or otherwise appear within the time required by law, the filing spouse may request that the court enter a default judgment.

In a default divorce, the judge may grant the relief requested by the filing spouse so long as the requested terms comply with Oklahoma law and are supported by sufficient evidence.

Default divorces often arise when:

• A spouse cannot be located;
• A spouse chooses not to participate;
• A spouse ignores the court proceedings;
• Communication between the parties has completely broken down.

Even when a divorce proceeds by default, the court must still review the evidence and ensure the requested orders are legally appropriate.

Mediated Divorce

A mediated divorce is not necessarily a separate legal procedure, but rather a method of resolving disputes outside of trial.

In mediation, the spouses work with a neutral third-party mediator who helps them negotiate a settlement. The mediator does not decide the case or force either party to accept a particular outcome. Instead, the mediator assists the parties in identifying common ground and resolving disagreements.

Mediation is particularly common in cases involving:

• Child custody disputes;
• Parenting schedules;
• Property division;
• Alimony negotiations.

Many Tulsa judges encourage mediation because it often allows families to resolve disputes more quickly and with less conflict than traditional litigation.

A successful mediation may convert what began as a contested divorce into a fully settled case.

Which Type of Divorce Is Best?

The answer depends on the circumstances of the marriage and the relationship between the spouses.

An uncontested divorce is often the most efficient option when both parties can agree on the major issues. Mediation can be extremely effective when disagreements exist but both spouses are willing to negotiate in good faith.

However, when significant disputes involve custody, substantial assets, hidden property, domestic violence, or unreasonable behavior by one spouse, a contested divorce may be necessary to protect a party’s rights.

Likewise, a default divorce may be appropriate when one spouse refuses to participate in the legal process.

Tulsa Divorce Lawyers

Regardless of the type of divorce involved, the decisions made during the case can affect your finances, property rights, parental rights, and future for years to come. Because every family situation is different, consulting with an experienced Tulsa divorce attorney can help ensure you choose the best path forward and avoid costly mistakes during the divorce process. To schedule a free consultation, call our Kania Law Office divorce attorneys today at 918-743-2233, or reach us on our Ask A Lawyer page.