How Long Does It Take to Get a Divorce in Oklahoma?
The prospect of a divorce can be both emotionally overwhelming and daunting, especially when you're uncertain about how long it will take.
The time required to finalize a divorce in Oklahoma can vary widely and is influenced by the specific details and complexities of each case. Factors like child custody disputes and disagreements over property division can extend the timeline.
With years of dedicated experience working with couples and individuals, seasoned divorce attorney Cole Yarborough, founder of Yarborough Law Group, understands the intricacies of the divorce process. He and the Yarborough Law Group team can provide the guidance and support you need during this challenging time.
The goal of this article is to shed light on the general timeline for divorce in Oklahoma and help you better understand what to expect as you navigate your separation.
A Short Waiting Period in Oklahoma Divorce Proceedings
In Oklahoma, couples who agree on all terms of their separation can expedite the uncontested divorce process, potentially finalizing it as quickly as 10 days after filing the necessary paperwork.
Once an agreement is reached and all necessary documents are duly signed by both parties, they’re submitted to a judge for approval. This streamlined approach allows for a swift resolution in cases where no minor children are involved.
The Timeline to Divorce with Children
For couples with children, a 90-day waiting period is imposed from the filing of the divorce petition to the final order. This is intended to provide an opportunity for reconciliation through marital counseling.
However, this waiting period can be waived under certain conditions, such as mutual agreement or a demonstration of "good cause.” In contested divorces where disagreements on issues like child custody or property division exist, the timeline can be considerably longer, as these matters may require court resolution.
Circumstances that Allow for a Waiver of the 90-Day Oklahoma Divorce Waiting Period
If neither party objects and the court has good cause to believe that reconciliation is unlikely even after counseling, the judge may decide to waive the waiting period.
Furthermore, according to 43 O.S. §107.1(b), the court can also waive the waiting period under certain conditions. These conditions include:
- Instances of extreme cruelty.
- Abandonment for one year or longer.
- Habitual drunkenness.
- Imprisonment on a felony charge (state or federal).
- Procurement of a final divorce decree outside of Oklahoma that doesn’t release the other party from the obligations of the marriage.
- Internment in a state institution for the insane for five years or more.
- Conviction of child abuse.
The judge in your case will consider you and your spouse’s lifestyles, living conditions, criminal records, and other factors when deciding whether to waive the standard 90-day waiting period.
Additional Factors Affecting How Long Your Divorce Will Take
The following additional elements can influence how long it takes to resolve your divorce case.
Trustworthy Guidance and Support for Your Divorce
Understanding the possible duration of divorce proceedings in Oklahoma is crucial for anyone going through this challenging process. Whether it's expediting uncontested divorces or addressing the complexities of contested divorces with numerous complicating factors, reliable legal guidance is indispensable.
The compassionate family law attorneys at Yarborough Law Group have the knowledge and experience to help you navigate the intricacies of divorces involving child custody, property division, and other complex issues. Make sure your separation proceeds smoothly by scheduling a consultation today.
Meeting Residency Prerequisites
Before initiating a divorce in Oklahoma, it's imperative to make sure you satisfy the state's residency prerequisites. To commence a divorce, either party must have been an Oklahoma resident for a minimum of six months. Understanding and meeting this prerequisite can prevent unnecessary postponements.
Evaluating Financial Assets and Liabilities
The intricacy of your financial circumstances, including the number and nature of your assets and debts, can also affect the length of your divorce proceedings.
Assets like real estate, investments, and retirement accounts demand careful evaluation and scrutiny. An experienced family law attorney can expedite this process and ensure an equitable distribution of marital property.
Addressing Child Custody and Support Matters
Establishing child custody and child support agreements is a vital part of the divorce process in cases involving children.
Oklahoma law mandates that courts prioritize the child's best interests, which may necessitate evaluations, hearings, and negotiations. Your lawyer can help you prepare for these proceedings and promote a seamless resolution.
Meeting Residency Prerequisites
Before initiating a divorce in Oklahoma, it's imperative to confirm that you satisfy the state's residency prerequisites. To commence a divorce, either party must have been an Oklahoma resident for a minimum of six months. Comprehending and meeting this prerequisite can prevent unnecessary postponements in the divorce proceedings.
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