The waiting period to finalize a divorce in Tulsa may impact how quickly you can get through the process. Oklahoma has a 10-day mandatory waiting period before granting divorces that do not involve minor children. The waiting period is 90 days when minor children are involved. However, since each case is unique, the time frame tends to vary from the beginning to the end.
90 Day Waiting Period to Finalize a Divorce With Children
Oklahoma courts have stipulated a mandatory 90-day waiting period for people with children filing a divorce petition. The waiting period in this instance gives parents the chance to work out a child custody arrangement. This 90 day waiting period does not apply to children brought in to the marriage. This includes step children and other children not of the marriage. The 90-day waiting before issuing the final order is intended as a cool-off period. It is also to let both parents spend an equal amount of time with their children and to figure out if its sole custody or joint custody they want.
Waiving The Ninety Day Waiting Period
In certain circumstances the court waives the mandatory waiting period. This isn’t always so easy because the purpose of the waiting period is set out as a matter of public policy. In any event, the waiting period can be waived. Your attorney can file a motion and have a hearing with the Family Law Judge in your case. Some factors your divorce attorney must argue are as follows:
· neither spouse has any objection to the waiver
· spouses have had marriage counseling
To waive the mandatory waiting period, the court would need to establish “good cause shown” and that the couple is unlikely to reunite.
Other exemptions include:
· Abandonment for a year or longer
Extreme cruelty
· Alcohol addiction
· Imprisonment on state or federal felony charge
State institution internment for insanity for five or more years with poor recovery prognosis
· Conviction over a child involving both parties under the Oklahoma Child Abuse Reporting and Prevention Act
· Where children of either party have been deprived or adjudicated deprived under Oklahoma Children’s Code because of actions of either party. In this case, the court-ordered service plan should not have been successfully completed.
Oklahoma Has Rules For Remarriage After a Final Divorce
In Oklahoma, either spouse cannot remarry within the state following a divorce decree for at least six months. No restrictions are in place by Oklahoma on when the ex-spouses can start dating.
Oklahoma Law and Contested Divorces
Contested divorces take longer than mutual divorces. These divorces involve both parties arguing about their issues. These types of divorces involve court hearings and trials are highly likely. Several issues can cause delays in contested divorces.
Couples with zero mutual understanding and complex property holdings may not attain a quick resolution. Couples that have ongoing support or custody issues may also take a long time to resolve.
The decisions you take during the course of your divorce is going to affect you for the rest of your life. It’s pivotal that you understand your legal options and the consequences that result from actions of both parents. Its also important to realize that the decisions we make in family court will impact our lives for some time to come.
Divorce Decrees in Tulsa – Final Resolution
Once the waiting period is complete after filing a settlement agreement, or the court has issued a divorce order for all contested issues, you will be granted a final divorce decree. Your divorce is complete at this point and if you want to make any changes to this order you would need to file a modification. This is usually done in the case of child custody issues, such as visitation orders and support.
Speak With a Trusted Tulsa Family Law Attorney
If you’re facing a divorce in Tulsa we can help. It doesn’t matter if the divorce is with or without children. Its doesn’t matter if its agreed or if its high conflict. We’ve been helping families in Oklahoma work through divorce issues for nearly 20 and years and we can help you. In Tulsa call today for a free consultation. 539.302.0303