What is a contested divorce?

A contested divorce is the type of divorce that occurs when one or both parties involved in the divorce do not agree on all the terms of the divorce. In an uncontested divorce, both parties have already agreed on all the terms of the divorce prior to filing the divorce paperwork. In Oklahoma, a contested divorce can be initiated by filing a Petition for Dissolution of Marriage with the court. This petition notifies the other party of the intention to dissolve the marriage and can list any specific requests for the divorce, such as alimony or child custody, which the filing party wants to be included in the divorce decree. The other party has the right to respond to the petition and to contest any of the requests made by the filing party. They can also contest the grounds for the divorce. In Oklahoma, there are six grounds for divorce which include incompatibility, adultery, impotency, conviction of a felony, abandonment, or cruel treatment of the spouse. If the one party contests the grounds, the court may decide to investigate the validity of the grounds. The court will then set a date for a hearing at which both parties and their attorneys can present evidence and arguments in support of their positions. Once the judge has heard both sides, he or she will make a decision about any contested issues and will issue a divorce decree.

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