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No. Even if your spouse refuses to sign any documents, the court can grant a divorce order. But you must prove your spouse was served according to the rules.
In Oklahoma, it is possible to obtain an uncontested divorce in as little as ten days through a process known as a "waiver divorce." A waiver divorce is an uncontested procedure that allows couples to end their marriage without the cost and delay common to traditional divorce.
Once the papers have been filed with the court, the question, "How long does an uncontested divorce take?" is completely out of the parties' hands. The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months.
The fact is that California is a no fault state and you do not need your spouse's signature in order to get a divorce.If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.
To request a certified copy of an Oklahoma divorce decree, submit a request to the County Court Clerk's Office. Both mail and in-person requests are acceptable. Certified copies of divorce decrees are only available to eligible persons.
To start a divorce, you must file papers with the court. You then must have copies of the papers delivered to your spouse. If you cannot locate your spouse, you can publish notice in a local newspaper. If you have children, there is a 90-day waiting period before you can get a divorce.
Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse's divorce petition, it will delay the process, but not prevent divorce altogether.
If you cannot afford court costs, you can file a pauper's affidavit. A pauper's affidavit is a form that summarizes your financial situation. If the judge decides that you cannot afford to pay court costs, he or she will let you file your case for free. The best way to obtain a divorce is to hire an attorney.
Typically, you can be divorced in Oklahoma if you have been a resident of Oklahoma for at least six consecutive months before filing a petition for divorce with the district court.