What Is The Waiting Period For A Divorce In Oklahoma?


There is a waiting period for divorce in Oklahoma that depends on a few different factors. Deciding to get a divorce can be one of the most challenging decisions you’ll have to face. Not only are there all kinds of arrangements to consider, but there are also so many emotions to navigate. Adding the grieving of your relationship to all the other concerns can make for an overwhelming divorce process.

In Oklahoma, before you get divorced, there are some considerations to think about that can help you best plan for your life going forward.

How Do I Initiate A Divorce In Oklahoma?

When you have decided your marriage cannot be repaired and you want to get a divorce, you have to file an official Petition for Divorce. You submit your petition, which must be verified, in the district court where you or your spouse have consistently lived for the last 30 days. in Oklahoma if you have children of the marriage you must be in the state for a minimum of 6 months before you can file. The divorce petition itself must either state the divorce is due to irreconcilable difference or for cause.

How Long Does It Take To Get A Divorce In Oklahoma?

After filing your divorce petition in Oklahoma, don’t expect to get an immediate resolution. Even if your divorce is uncontested (meaning both spouses agree to the terms of the divorce), you could still have some time to wait before you are officially divorced. Depending on the facts of your case, your divorce could be settled quickly, or it could stretch over a much more extended period.

Is There A Waiting Period Before You Can Get Divorced In Oklahoma?

There is a 90-day waiting period for an uncontested divorce if you have minor children in Oklahoma. This means that you and the other person must be in unison regarding the divorce. There cannot be any disagreements as to the divorce terms.

The 90-day wait for divorces involving children is meant to allow you and your spouse to have time to consider if a divorce is your best option.

What Is The Shortest Time To Wait For A Divorce In Oklahoma?

If you do not have children under 18 and both people agree to the divorce terms, the process is much quicker. For an uncontested divorce in Oklahoma, you might only have to wait as little as ten days after your divorce petition is filed with the court for a final decree of divorce. There really aren’t any special divorce forms you need or permission of the family law judge. The key here is that both party’s to the divorce have an agreement as to all issues related to the marriage. This includes division of marital debt and assets.

What If The Divorce Is Contested In Oklahoma?

If either you or your former spouse does not agree to the divorce and wants to contest it, the divorce will take much longer to go through. In Oklahoma the soon to be former spouse cannot stop you from getting the divorce but they can make it more difficult. The soon to be ex spouse can counter claim for divorce claiming a range of causes for the divorce which unless you agree too will have to be proven.

This might include cause such as infidelity, drunkenness’ fraud or a host of other causes. Other reasons a divorce may be contested could relate to alimony or property division. You will have to go through the whole process for a contested divorce. A contested divorce requires more documents, and the case will probably end up in court (if it is not settled through a mediation procedure). This means you will have to wait until a court has an available time to hear your divorce case.

Waiting Period For Divorce With Children

In Oklahoma if there are children of the marriage the waiting period is 90 days. This is a period intended by the courts to give the parents of minor children time to potentially reconcile and maybe save the marriage. This period might seem harsh but compared to some States in the Country the 90 day period is short. Still this period may be extended in the case when parents cant get an agreement on custody and visitation. In a divorce with children parents can choose either full custody or some kind of joint child custody designed to share parental obligations. Its not uncommon for parents to seek a mediator to help them decide on a custody arrangement that serves them best.

Tulsa Divorce Lawyers

When you are going through a divorce, you will probably have many questions about what to expect from the process and how your life will be impacted. A qualified Oklahoma divorce attorney will be able to walk you through every step of the process. An experienced Tulsa divorce lawyer can assist you in filing the proper paperwork and strategizing for the best outcome for your divorce.

Ending a marriage is an emotionally challenging process. The Oklahoma divorce attorneys at Kania Law Office understand the sensitive nature of divorce and are available to support you as you make crucial decisions. To learn more about how our Tulsa divorce lawyers can help you prepare your divorce case, call us at 918-743-2233 or contact us online.

Tulsa's Local Family & Divorce Lawyers

Law ScaleAre you looking for Tulsa attorneys who will fight aggressively for you? Our team of family & divorce attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.

Call us today for a free consultation 918-743-2233 or contact us online.