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Oklahoma Residents

Oklahoma Uncontested Divorce FAQs

What is an Uncontested Divorce?

Can I get a no-fault divorce in Oklahoma?

Why I should use an attorney for my divorce?

How much will my Uncontested Divorce cost?

What is a flat rate?

What is included with the flat rate fee?

What is not included?

Is a Pro Se Uncontested Divorce right for me?

What if my spouse contests the divorce?

Can one attorney represent both parties?





Q: What is an Uncontested Divorce?

A divorce is uncontested when both parties agree to everything, including division of property/assets/debts, child custody, and child visitation.

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Q: Can I get a no-fault divorce in Oklahoma?

No, The State of Oklahoma still requires parties to maintain fault when filing for a divorce. However, filing for grounds of "incompatibility" i.e., irreconcilable differences, is essentially filing for a no-fault divorce in Oklahoma.

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Q: Why I should use an attorney for my divorce?

Every divorce is different and only an attorney will know how to properly draft and finalize each document.  Many paralegals and other services advertise they can do this for you but be very careful of their services.  Although they may have worked for an attorney, they have not been to law school nor have taken the Oklahoma Bar Exam.  Also, they are not bound by the same rules of professional conduct that an attorney is.  Any information you share with them is not confidential in any way and you have no recourse against a paralegal if they fail to properly prepare your documents.  It is very hard and expensive to have a post-decree modified.  If you are not careful you could be agreeing to something that could affect you for the rest of your life.

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Q: How much will my Uncontested Divorce cost?

I charge a flat rate fee for the necessary paperwork needed to get a divorce. Please see the Fees page for a description and cost for each service.

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Q: What is a flat rate?

A flat rate is a onetime payment upfront which will include all work needed for the divorce.  There will not be any additional fees or costs owed to the attorney.  Once the client makes a decision the money is deposited into the attorney’s operating account, not a trust account, as the money is earned once received because the attorney will not charge additional fees.

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Q: What is included with the flat rate fee?

The Firm will draft the Petition for Divorce and Waiver, drafting of the Decree of Divorce, Custody and Visitation Plan and Child Support Guidelines, up to two revisions of the Decree and Joint Custody Plan (if required).

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Q: What is not included?

You must pay all court costs, file the documents yourself, and present them to the judge.  The attorney only prepares the proper documents which are needed (unbundled legal services).  It is the responsibility of the party(s) to pay for all other necessary costs which are incurred.

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Q: Is a Pro Se Uncontested Divorce right for me?

This is a decision you must make.  An uncontested divorce is only possible if both parties agree.  This means you must get the other party’s signature on the documents.  You must also be able to file the paperwork and present it to the judge at the proper time.  Many people have done this and, although it is not difficult, it will take time.  The attorney will help guide you through the process and what to expect.

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Q: What if my spouse contests the divorce?

 If your spouse contests the divorce I will no longer be able to help you and I can refer to another attorney.

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Q: Can one attorney represent both parties?

Yes and No, one attorney can draft the paperwork needed for the divorce but the attorney should only represent one party to avoid any conflict of interest.

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© 2018 Kristin R. Drake, Attorney at Law, PLLC | Disclaimer
6608 N Western Avenue , #1102, Oklahoma City, OK 73116
| Phone: 405.679.2755

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