Waiting Periods and Quick Divorce in Oklahoma

quick divorcePeople are Unique and Divorces are Too

Getting a quick divorce in Tulsa, Oklahoma is often desirable, but not always possible.

Each marriage is different, thus each divorce is also different.

Your history, your financial life, and the specific facts of your marriage will dictate whether you can get a quick divorce in Oklahoma.

The Quick Divorce

It is possible to get a divorce in Oklahoma in as little as 10 days after the filing of the paperwork.

However, there must not be any children involved. Also, you and your spouse must agree on all the issues in your divorce at the outset of the process.

For couples with children or for couples who are unable to agree, the waiting time is longer.

Divorce with Children: A 90-Day Waiting Period

For those with children, Oklahoma courts mandate a 90-day waiting period from the filing of the petition before issuing the final order. Okla. Stat. tit. 43 § 107.1

The 90-day waiting period is intended to give spouses with children a “time out” to see if they can work their differences out and avoid divorce.

However, courts can and often do waive the 90-day period if:

  1. neither spouse objects to the waiver, or
  2. both spouses have already attended marital counseling.

In these cases, the court must determine, for “good cause shown,” that it is unlikely the couple will reunite.

While “good cause” is an amorphous standard, it boils down to a showing that the couple really is unlikely to be able to work out their differences.

Other Exemptions for Waiving the 90-Day Waiting Period

There are other reasons that a judge might waive the waiting period. Okla. Stat. tit. 43 § 107.1

These reasons include:

  • Extreme cruelty.
  • Abandonment for one year or longer.
  • Habitual drunkenness.
  • Imprisonment on a felony charge, state or federal.
  • Internment in a state institution for the insane for a period of five years or more with a poor prognosis for recovery.
  • Conviction of a crime under the Oklahoma Child Abuse Reporting and Prevention Act upon a child of the parties involved.
  • Where a child of either party has been adjudicated as deprived, pursuant to the Oklahoma Children’s Code, as a result of actions of the party, without the successful completion of the court-ordered service plan.

Contested Divorces

Contested divorces, divorces where the parties are arguing about issues, just take longer to resolve. These divorces require hearings to resolve issues.

For cases with multiple contested issues, often a trial is required to bring the matter to resolution.

All sorts of issues can cause delays. Couples with complex property holdings may require longer to resolve issues. Couples with ongoing contested issues of custody or support can also take longer to resolve.

The decisions that you make in a divorce will affect your life for years to come. It is important that you seek the advice of an experienced family law attorney to make sure that you fully understand the ramifications of those decisions.

Free Consultation with a Tulsa Family Law Attorney

Wirth Law Office is here to help when you need it most. We offer a free consultation with an experienced Tulsa family law attorney.

Call 918-879-1681 for a free consultation or submit a question through this website.

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