If you’re going through a divorce in Oklahoma and you and your spouse can’t agree on major issues like property division, child custody, or alimony, your case may become what’s called a “contested divorce.” That means the court will have to step in and make decisions for you. So what exactly is a contested divorce, and how does it affect the divorce process in Oklahoma? Here’s what you need to know.
What Does “Contested Divorce” Really Mean?
A contested divorce happens when one or both spouses disagree on at least one significant issue in the divorce. This could be about who gets the house, who pays child support, how parenting time is split up, or even whether the divorce should happen at all.
In these cases, the court will not simply approve a divorce decree—both sides will need to present their positions, and a judge will decide how things are divided or handled. This process can take longer and cost more than an uncontested divorce, where both parties agree on all terms.
How the Process Works in Oklahoma
Contested divorces in Oklahoma follow a multi-step process that includes:
- Filing and Response – One spouse files a petition for divorce, and the other files a response—often disagreeing on some or all terms.
- Discovery – Both sides exchange financial documents, answer written questions, and may take depositions to gather information.
- Temporary Orders – The court may issue temporary rulings on custody, child support, or who stays in the family home while the divorce is pending.
- Mediation or Settlement Talks – Before trial, the court may require both parties to try mediation to work out their differences.
- Trial – If you can’t settle, the judge hears evidence and makes decisions on the unresolved issues.
This process can take several months to over a year, depending on complexity and how cooperative both sides are.
How a Contested Divorce Can Affect You
A contested divorce usually involves more time, money, and emotional energy than an uncontested one. You may need to attend multiple court hearings, hire expert witnesses, and work closely with your attorney to present your side.
But contested divorces also offer protection. If your spouse refuses to be fair or cooperative, the court can help protect your rights and your children’s interests. The judge looks at what’s equitable under Oklahoma law, not just what one spouse wants.
Common Disputes in Contested Cases
Some of the most common reasons people end up in a contested divorce include:
- Disagreements about child custody and parenting schedules
- Fights over how to divide property, like the home, retirement accounts, or debt
- Disputes over spousal support (alimony) or child support
- Accusations of abuse, infidelity, or financial misconduct
These issues can lead to lengthy litigation, but you can resolve them with good legal representation and a willingness to compromise where possible.
Can You Still Settle a Contested Divorce?
Just because you start off with a contested divorce doesn’t mean you’ll end up in a courtroom battle. Many cases settle before trial, often during or after mediation. If you and your spouse can come to an agreement—even with the help of your lawyers—a judge can approve the final divorce decree without a trial.
Tulsa Divorce Attorneys
Contested divorces involve legal deadlines, court procedures, and strategic planning. If you’re in this situation, it’s important to work with an experienced Oklahoma divorce attorney who understands the process and can help protect your interests. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.