Waiting Period for Oklahoma Divorce
If you are contemplating a divorce in Oklahoma, you may wonder how long you have to wait to get divorced once the paperwork is filed. Oklahoma has a waiting period for divorce.
If you have no children, the waiting period is only 10 days from the day you file for divorce. If you have minor children of the marriage, the waiting period is 90 days. In all cases, the waiting period starts on the day you file for divorce.
Getting Your Paperwork in Order is Crucial
This assumes that all of your paperwork is completed and that you and your spouse have come to a written agreement about all the issues in your marriage. This includes custody, visitation, child and spousal support, and division of all marital assets and liabilities.
That agreement must be filed with your petition if you don’t want to wait to get a divorce. Once the waiting period is over, the judge will issue a decree if they approve of the agreement or if they resolve any issues for the couple. Logistically, this may mean getting the matter set for hearing with the judge as soon as the waiting period expires.
Many couples seeking a quick divorce find mediation early in the process can be a fast way to resolve issues that the couple was not able to settle early in the process. Regardless of the timeline and amicability, you should consult with a Wagoner divorce attorney before submitting an agreement to the court. The effects of these decisions will be with you for years to come.
In reality, it often takes longer for couples to resolve all of their issues. That means it takes far longer than the 90-day wait to get divorced. It can take a long time to resolve all issues between a couple. Finalizing a divorce right after the 90-day wait is only likely if you can agree on everything early.
Waiver of the 90-Day Wait to Get Divorced
The judge may waive the waiting period in certain cases. In order to do so, the court must find that it has a good reason to waive the waiting period. Usually, a court will do so if it finds that:
- both parties are willing to waive it, or
- both spouses have already attended marital counseling.
In that case, it is unlikely that the couple will reunite. This is important because one purpose of the waiting period is to give spouses time to reconcile, in case they decide not to go through with the divorce.
Practical Considerations
When a waiver isn’t possible, but the couple is able to agree, it is better to have some temporary orders in place until the decree is issued. This can help the spouses and their children negotiate the early part of the process with more certainty about who has the children and when.
It can also help to make sure the parties are all financially secure as they move through the process. You will know who is paying the bills and when. Your Wagoner divorce attorney can help you get some temporary orders in place. Once the final decree is issued, it will supersede the temporary orders.
If you want to understand what is best for your specific situation, get the help of an experienced Wagoner family law attorney. Help is a phone call away.
Initial Strategy Session with a Wagoner Divorce Attorney
Divorces can be quick in some circumstances. Get the help you need today to understand how best to handle your situation. Wirth Law Office – Wagoner offers its clients the best possible divorce, child custody, and child support representation in the Wagoner, Oklahoma area at reasonable rates.
We invite you to schedule a initial consultation to discuss what we can do for you. Contact Wirth Law Office–Wagoner at (918) 485-0335 to schedule your low-cost strategy session. You can also fill out the form at the top of the page.
