Understanding Unilateral Divorces
Hello, my name is Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City area. Today we’re going to be discussing the effects of a divorce that was completed by one party without the presence of another party.
You might question how this is done. If you were served with divorce documents and you do not respond, you can be found in what is called default. I go over the details of default in another video, but essentially, you did not respond in time according to the legal time limit, and you never showed up to court.
The Legal Framework of Default Divorces
As a result, the individual who filed for divorce received what they requested. The court does not want to have continual pleadings that are just clogging up the court system, so they have enacted a law that not only grants default but also reiterates that any one-sided divorce, where the other party was simply not present for any legal reason, is in full force and effect.
You can find this information in Title 43, Section 122, which discusses the effect of divorce. If one individual is granted a divorce, it will be considered a contract for both parties and will bar any claim of property in or to the property of the individual who obtained the divorce.
Potential Loopholes and the Importance of Legal Response
There is, however, a little bit of a loophole. If the individual who was granted the divorce committed fraud for their benefit, or if someone else helped them in a fraudulent way that benefited that party, you can request that the divorce be set aside. If all the proceedings were conducted properly and without fraud, that divorce proceeding and final decree will generally remain in full force and effect.
This reality emphasizes the importance of individuals responding to divorce proceedings, either by themselves (pro se) or, preferably, with the guidance of an attorney. Again, to reiterate, if a single party is granted a divorce against another party, that ruling will be contractually binding.
Take Action: Schedule a Low-Cost Consultation
If you found this video to be helpful or believe it can assist someone else, please visit oklahomacityattorney.com. My name is Dillan Savage, and thank you for watching. For further assistance, feel free to contact us at 405-888-5400 to schedule your low-cost consultation today!
