Many people beginning the divorce process in Wagoner County wonder whether both spouses must consent to a divorce before a judge will grant it. The answer is no — Oklahoma law does not require both parties to consent for a divorce to be finalized. One spouse’s refusal to cooperate will not prevent the court from dissolving the marriage.
Oklahoma Is a “No-Fault” Divorce State
Under Title 43 O.S. § 101, Oklahoma recognizes “incompatibility” as a ground for divorce. This means one spouse can end the marriage simply because the relationship no longer works — without having to prove fault such as adultery or cruelty.
As a result, even if your spouse does not want the divorce, the Wagoner County District Court will still grant it once legal procedures are followed. The court’s focus is not on preserving unwilling marriages but on ensuring all legal and procedural requirements are met.
Uncontested Divorce: When Both Parties Agree
If you and your spouse agree on all the issues — including property division, child custody, child support, and alimony — your case is considered uncontested.
In an uncontested divorce, both spouses typically sign a waiver of service and an agreed decree of divorce. After the waiting period passes (10 days if there are no children, 90 days if there are minor children), the Wagoner County judge may finalize the divorce without a formal hearing.
This process is faster, more affordable, and less emotionally draining for both parties.
Contested Divorce: When One Party Does Not Agree
If one spouse refuses to cooperate, ignores court papers, or contests the terms of the divorce, the case becomes contested. The spouse seeking the divorce (the petitioner) must still serve the other party with the Petition for Dissolution of Marriage.
If the other spouse fails to respond within the required time, the court may grant the divorce by default. If they do respond, the court will schedule hearings to resolve disputes over issues such as property, custody, or support.
Even then, Oklahoma’s no-fault law allows the divorce to move forward whether or not both spouses agree.
Default Divorce in Wagoner County
When a respondent fails to respond after being properly served, the petitioner may request a default judgment. The judge will review the filing, ensure notice requirements have been met, and issue a final divorce decree if appropriate.
The absent spouse’s failure to sign or participate does not prevent the divorce — it simply means the court proceeds without their input.
Why Legal Guidance Matters
While one spouse’s agreement is not required, having an experienced Wagoner County divorce attorney can make the process smoother and ensure your rights are protected. A skilled attorney can handle service of process, draft the necessary pleadings, and represent you in hearings if the case becomes contested.
Wagoner County Divorce Attorneys Near You
You do not need your spouse’s consent to a divorce in Wagoner County or anywhere in Oklahoma. As long as the statutory requirements are met, the court can and will grant a divorce — even if one spouse disagrees. That said, mutual cooperation often makes the process faster and less expensive. Whether your case is contested or uncontested, professional guidance can help you navigate every step with confidence. For a Free consultation with a Wagoner County divorce lawyer at Kania Law Office – Wagoner call 918-283-7394. Or you can follow this link to ask an online legal question.
