Waiver of Summons
Summons
Publication Notice
1. WAIVER OF SUMMONS AND ENTRY OF GENERAL APPEARANCE-Take all of your court documents to the court clerk’s office. The court clerk will keep only what they need to (the original Petition), stamp a case number on all the court paperwork, and hand the remaining court paperwork back to you. The court’s fees using a Waiver of Summons is $258.39 exact cash only.
The earliest that your spouse can sign their consent to the Waiver of Summons and Entry of General Appearance, in front of notary, is: 24 hours the Court Clerk,in the county that you reside in, has opened your divorce case.
You will take your spouse’s signed and notarized Waiver back to the court clerk’s office and record it.
Now wait at least 11 days, from the day you filed the original Petition, before you go back to the courthouse to see the Judge to have your divorce granted.
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2. NOTICE OF SUMMONS-Payless Divorce prepares uncontested divorce paperwork with a Summons only when the Respondent is in full agreement with the divorce and chooses to be formally served by a process server or sheriff instead of signing a Waiver in front of a notary. This option is limited to situations where the Respondent is aware of the divorce and simply prefers service over notarization. It does not apply where there is any disagreement about the divorce or where the Respondent is unaware of the filing. If your spouse does not agree to the divorce, our service cannot be used and you will need to hire an attorney. The court fee using a summons is $268.39 (exact cash only). You will have to hire the sheriff or a private process server to serve the summons. Process Serving Fees start at around $80.00 and go up from there.
Your spouse has 21 days from the date of service to file a written answer in the court clerk’s office to stop you from having your divorce granted. You cannot get your divorce granted if this happens and will have to contact an attorney to proceed.
However, if your spouse does not file a written answer with the court clerk within 21 days from the day they are served, then, depending on the county in Oklahoma that you live in you may be able to go before the Judge to have your divorce granted. Several counties in Oklahoma require an additional court hearing be set. This hearing is called a Motion for Default Hearing which will cost you additional money involving a Process Server to serve your spouse with a copy of the future court date.
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PUBLICATION METHOD (ADDITIONAL TYPING FEES APPLY)
Payless Divorce prepares the required paperwork for the Publication Method of an uncontested divorce, which requires an additional fee.
This method is used when the other party cannot be located.
After your case has been filed with the Court, you are required to perform due diligence required under Oklahoma law to attempt to locate the other party.
This includes making reasonable efforts to locate and serve the Respondent, which may involve additional costs such as hiring a process server or the Sheriff’s Office to attempt service of summons.
If those required efforts under Oklahoma law are unsuccessful, you must then file the appropriate request with the Court asking for permission to proceed by publication. Publication cannot occur unless the Court enters an Order allowing it.
This is considered a last-resort option, used only when a waiver or summons cannot be completed.
For more information, please email paylessdivorce123@gmail.com
