Clients often ask how long it takes for a Tulsa divorce. If there’s no children, and if the parties agreed we can do a simple agreed divorce. we draft the petition along with the final decree and a waiver. If your spouse signs the waiver we can go to the court and make a record. The record is nothing more than a transcript made and the judges signature granting the divorce. In this case you can divorce in about ten days. If children exist, then Oklahoma divorce law provides for a “mandatory” ninety (90) day wait period. After this 90 days has passed the divorce can finalize. The court can waive this wait period. To waive it we need the judges approval and signature.
Otherwise, how long it takes for a Tulsa divorce is highly dependent on the parties. Steps individuals can do to “speed up” the divorce process can include having an efficient Family law attorney. You should be ready to disclose your financial information to your attorney. This includes tax information, retirement accounts and things of that nature. If there’s minor children involved you’ll have to complete an education class. This class is in regards to children and parents cooping with divorce. Its not difficult and is helpful. You’ll also need to prepare for negotiating custody, child support and spousal support if applicable.
Things Impacting How Long it Takes For a Tulsa Divorce:
Certainly, if everyone’s “ducks are in a row”, then the divorce can proceed much more smoothly. This results in a divorce within a matter of days provided no minor children exist. Even if children are involved provided the parties effectively communicate regarding the children the Court will likely waive the 90 days. Of course, the court will require that all the co-oping classes are complete.
However, Oklahoma divorce emotionally charges many people. While one party may wish divorce as quickly as possible the other party may seek to delay the proceeding. This usually is because one party hopes for reconciliation. Other times its delayed by the other party to use the divorce as a separation. Also, agreements can always fall through and are not enforceable until entered as orders by the court. Often times we experience issues with parties accusing the other side of hiding assets or not agreeing to a proposed property and debt distribution.
Court Efforts To Move the Case To Fast Conclusion:
The courts try the best they can to move a divorce case along, but a right to a speedy trial only exists in criminal matters. To give a better time frame as to when a divorces finalize when the parties do not have an agreement from the start, please consider the following. It takes on average 30 days for the court to set a matter before itself (in Tulsa County a Parenting Planning Conference is set within 30 days of filing a Petition when children are involved). The courts will not directly set a matter for trial and expects the parties to each reach a temporary agreement or have a temporary order hearing to establish a sort of status quo, while issues such as discovery are pending. Most temporary order hearings are set within 30-60 days after the filing of the initial divorce petition.
Other Events Impacting How Long It Takes For a Tulsa Divorce:
Along with a temporary order, the court will more than likely have the parties enter into a scheduling order which provides a sort of guideline for certain events to take place, such as: the deadline to request discovery, the deadline to complete mediation, the deadline to file further motions and a pre-trial conference date. Only after mediation (using a 3rd party to help settle any outstanding matters) and discovery has been completed will the court set the matter for pre-trial. At pre-trial the parties must exchange previously exchanged exhibits and listed their witnesses in the pre-trial conference order.
Once the court has approved the pre-trial conference order, will the court set for trial, which itself could be months out. This all results, based on our personal experiences, in the average time of about 6 months to finalize a divorce if the parties reach an agreement at mediation, which often occurs. If a trial is likely unavoidable, one can expect to wait anywhere from a year to a year and a half (and potentially longer) before a divorce finalizes.
Contact Our Tulsa Divorce Lawyers:
If you are contemplating divorce whether its an agreed divorce or a high conflict divorce our attorneys can help. We also handle all other family law matters involving child custody, visitation and modifications of divorce and custody decrees. Call today for a Free consultation.
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