The waiting period for divorce in Oklahoma depends upon whether you have minor children.
For a couple embroiled in a contentious divorce, a waiting period may seem like the last thing you want to do. Sometimes, a couple can move quickly toward divorce.
However, when children are involved, the courts want to ensure that a couple has really thought the issue through. Thus, requiring a waiting period for divorce in Oklahoma allows a couple time to consider their actions and the impact of those actions on their children.
The Law Regarding The Waiting Period For Divorce In Oklahoma
When no children are involved, a couple can get divorced in as little as 10 days once their paperwork is filed with the court. This means that the couple is in complete agreement about how to divide all marital property and all liabilities accrued after marriage. This also means that their agreement about the division of assets and liabilities has been memorialized in a Marital Settlement Agreement which both parties have signed.
For those divorcing couples with children, Oklahoma law requires a 90-day waiting period. The waiting period begins on the date the Petition for Divorce is filed with the court. The divorce steps in Oklahoma mandate that 90 days must pass before the court will issue the final decree of divorce. Okla. Stat. tit. 43 § 107.1
A Waiver Of The Waiting Period Is Possible
There are times that the courts are willing to waive the 90-day waiting period. A court will waive the requirement when both spouses have attended marital counseling, but it appears that despite the counseling, the couple is unlikely to reunite.
The other way to obtain a waiver of the waiting period is to show the court that neither party objects to the waiver.
In either case, obtaining a waiver will most likely require the preparation of documents including affidavits from both spouses and a hearing.
It is important to understand that a waiting period is a separate question from that of how long your divorce will take. Each divorce is different and each divorcing couple handles their process differently. A qualified and experienced Tulsa divorce attorney can help.
Free Consultation With A Tulsa Divorce Lawyer
The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
