Many wonder how long it will take to finalize their divorce. Finalizing a divorce in Oklahoma involves several legal steps, and the time it takes to complete the process varies depending on factors such as the complexity of the case, the level of cooperation between spouses, and whether there are minor children. While its possible to resolve some divorces quickly, others may take months or even years to finalize.
Minimum Waiting Period for Divorce in Oklahoma
Oklahoma law imposes a minimum waiting period for divorces:
- Divorces Without Minor Children: If there are no minor children, there is a 10-day waiting period.
- Divorces With Minor Children: If the divorcing couple has minor children, Oklahoma requires a 90-day waiting period between filing the petition and the final decree of divorce. This waiting period is intended to provide time for reflection and to encourage reconciliation, if possible.
In some rare cases, the court may waive the 90-day waiting period if there are compelling reasons to expedite the divorce, such as cases involving domestic violence or other urgent circumstances. Outside of these extenuating circumstances, it will take at least three months from the date of filing for a divorce with minor children to finalize.
Uncontested vs. Contested Divorce Timeline
The type of divorce significantly impacts how long it takes to finalize:
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all issues is always the fastest. These issues include property division, alimony, child custody, and child support. These cases are quick because they do not require a lengthy court process. An uncontested divorce can be finalized in as little as 10-30 days if there are no minor children, or shortly after the 90-day waiting period if children are involved.
Contested Divorce
A contested divorce occurs when the spouses cannot agree on one or more issues, requiring the court to intervene. Contested divorces involve more legal proceedings, such as discovery, negotiations, and possibly a trial, which can significantly extend the timeline. Contested divorces can take anywhere from six months to two years or more, depending on the complexity of the case and the court’s schedule.
Key Steps in the Divorce Process
Understanding the steps involved in the divorce process can help you estimate how long it may take to finalize your case:
a. Filing the Petition
The divorce process begins when one spouse files a Petition for Divorce in the district court of the county where either spouse resides. The filing spouse must then serve the petition to the other spouse. Filing and serving the petition typically takes 1-2 weeks.
b. Response and Discovery
The other spouse has 20 days to respond to the petition after being served. If the divorce is contested, the discovery process may follow, where both parties exchange information about finances, assets, and other relevant matters. Discovery can take several weeks or months, depending on the complexity of the case.
c. Negotiation and Mediation
Many contested divorces involve attempts to resolve disputes through negotiation or mediation before going to trial. Mediation can help spouses reach an agreement on contentious issues without the need for a trial. Mediation can take a few weeks to several months, depending on the number of issues to resolve and the willingness of both parties to compromise.
d. Trial (If Necessary)
If the spouses cannot agree on terms, the case will proceed to a trial, where a judge will make decisions on unresolved issues. Trials require preparation, including gathering evidence, witness testimony, and legal arguments. Scheduling and conducting a trial can add several months to a year to the divorce process.
After resolving all issues, either through agreement or a court decision, the judge will issue a Final Decree of Divorce, officially ending the marriage.
How to Expedite the Divorce Process
While some delays are unavoidable, there are steps you can take to expedite your divorce:
- Work with an Attorney: An experienced divorce attorney can help you navigate the legal process efficiently and avoid unnecessary delays.
- Gather Documentation Early: Prepare financial records, property information, and other necessary documents as soon as possible.
- Consider Mediation: Resolving disputes through mediation or negotiation can save time and reduce the need for lengthy court proceedings.
- Communicate Effectively: Cooperating with your spouse and maintaining open communication can help resolve issues more quickly.
By being proactive, you can help avoid any delays or errors in the divorce process.
Tulsa County Family Law Attorneys
The time it takes to finalize a divorce in Oklahoma depends on factors such as the type of divorce, the complexity of the case, and the level of cooperation between spouses. While uncontested divorces can be completed in a matter of weeks, contested divorces often take months or even years to resolve.
If you are considering divorce, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.