If you’re contemplating divorce in Oklahoma, you may be pondering the necessary steps to dissolve your marriage. One common question that arises is whether or not a trial is required. The answer to this inquiry is contingent upon several factors. In this article, we will delve into the divorce proceedings in Oklahoma, giving you a clearer understanding of what to expect when you embark on the path to end your marriage.
Understanding the Divorce Process in Oklahoma
Before delving into the necessity of a trial in divorces in Oklahoma, it is crucial to grasp the divorce process in the state. Oklahoma recognizes two primary types of divorce: contested and uncontested.
Uncontested Divorce
An uncontested divorce occurs when both parties are in agreement on all facets of the divorce, which encompasses the division of property, custody and visitation arrangements for any children, as well as any necessary spousal support. To reach a resolution, the parties in an uncontested divorce usually collaborate, with the guidance of their respective attorneys. Once an agreement is reached, a judge will approve the divorce decree, bringing the divorce to its finality.
Contested Divorce
A contested divorce, on the other hand, arises when one or both parties disagree on one or more issues relevant to the divorce. Disagreements could pertain to property division, custody and visitation arrangements, or spousal support. A contested divorce typically involves a more complex process, often involving court hearings and potentially a trial.
Is a Trial Necessary When Getting a Divorce in Oklahoma?
Whether or not a trial is necessary in a divorce in Oklahoma largely depends on whether the divorce is contested or uncontested. In an uncontested divorce, a trial is generally not required. However, in cases where the divorce is contested, a trial may become necessary to address the disputed issues.
When Might a Trial Be Necessary in a Divorce Case?
As mentioned earlier, a trial may become necessary if a divorce is contested and the parties are unable to reach a mutual agreement on all aspects of the divorce. This can happen for various reasons, including disagreements about property division, custody and visitation arrangements, or spousal support.
Additionally, a trial may be necessary in situations where one party refuses to negotiate or compromise on specific matters. For instance, if one party maintains a strong attachment to a particular property, they may be less inclined to engage in negotiations with the other party. In such instances, a trial may be required to facilitate a resolution.
What to Expect During a Divorce Trial in Oklahoma
If a trial is deemed necessary for your divorce case, there are several expectations you should keep in mind. To begin, you and your attorney will need to diligently prepare your case, gathering all essential evidence to present to the judge. This evidence may consist of financial documents, witness testimonies, or any other relevant information that supports your case.
During the trial, both parties will be afforded the opportunity to present their arguments before the judge. The judge will then make a decision based on the evidence presented and the applicable laws.
Conclusion
To summarize, the necessity of a trial in a divorce in Oklahoma is contingent upon whether the divorce is contested or uncontested. In cases of uncontested divorces, trials are typically unnecessary. However, when a divorce is contested, a trial may be required to resolve the disputed issues. If you are contemplating divorce in Oklahoma, it is imperative to consult with an experienced attorney who can address your concerns and guide you through the intricate process.