If you are in the beginning phases of a divorce in Oklahoma, there are a myriad of concerns and logistics running through your head, such as “How much is this going to cost?” and “How long is this going to take?”

While many people have heard horror stories of divorce proceedings that take years to conclude, that is not the case for most parties. As more millennials divorce, there is a decreased emphasis on fighting over every little thing, and parties can prepare their divorce proceedings for a quick and amicable resolution.  Ultimately, the length of time it takes to get divorced will be up to the parties. Some factors to consider regarding a divorce timeline include:

No-Fault vs. Fault Divorces

In Oklahoma, the majority of couples file for no-fault divorce.  A no-fault divorce does not require either party to prove wrongdoing, and typically involves citing “irreconcilable incompatibility” which is defined by the Oklahoma Supreme Court as “…such a conflict of personalities as to destroy the legitimate ends of matrimony and possibility of reconciliation.”   While filing on the grounds of incompatibility does not guarantee an expeditious divorce, for the reasons set forth below, it is certainly far less likely one will have an amicable divorce if they seek a fault-based divorce.

A fault-based divorce, on the other hand, is one where a party alleges misconduct by the other as grounds for terminating the marriage.  In addition to incompatibility, there are eleven (11) “fault-based” grounds for divorce, which include, among other things adultery, extreme cruelty, and habitual drunkenness. To secure a divorce by one of these grounds, a party must prove allegations supporting of that ground. This can cause a divorce proceeding to last significantly longer for numerous reasons: (1) proving a fault-based cause for divorce requires additional discovery to be conducted, which may include forensic accounting endeavors, diving into mountains of social media and personal communications, and the hiring of a private investigator;  (2) As one can see by this list of cringe-worthy causes, if one party seeks a fault-based divorced, it may cause a significant amount of acrimony, as the other party may be humiliated by the allegations and thus more willing to seek revenge for that humiliation, or it may make the other party more motivated to prove they these allegations are untrue.

Mandatory Waiting Periods for Divorce in Oklahoma

Certain mandatory waiting periods must be adhered to that can impact the timeline of securing a divorce. The length of these waiting periods can vary depending on the circumstances surrounding the divorce.

For divorces without children, there is typically a 10-day waiting period from when the divorce petition is filed until it can be finalized.

Divorces with children require a 90-day waiting period. Under certain circumstances, the court can waive the 90-day waiting period for good cause shown and if neither party objects, however, whether a judge will find sufficient “good cause” is typically up to that individual judge or the district court in which they sit. Tulsa County, for example, will rarely grant a waiver of the 90-day waiting period no matter what “good cause” the parties may have. It is important that you hire an attorney who knows the leanings of the court where your divorce is pending to maximize your time and money during the divorce process. 

Equally important is recognizing that courts require parents to attend an educational program concerning the impact of divorce on children. Failure to complete this program will result in a delay in finalizing your divorce. It is, therefore, important to hire an attorney who is able to provide you with this information in a clear, expeditious and organized manner, so you can complete all of your court-ordered requirements.

Other Factors Affecting Divorce Timeline

Several other factors can influence how long the divorce process takes. One key factor is whether the divorce is contested or uncontested. A contested divorce, where spouses cannot agree on major issues, takes longer due to necessary court proceedings and negotiations.

Additionally, the complexity of assets and debts that must be divided can impact the timeline. More intricate financial matters, such as multiple properties or investments, may require extra time for accumulation of information and documentation necessary for thorough evaluation and distribution between parties.

Child custody and support arrangements also determine the length of a divorce. Disputes over these matters often lead to prolonged legal battles and mediation sessions before reaching a resolution that satisfies all parties involved.  Parents may believe the evidence they have will be important to the court’s determination of custody, and it is important to have an attorney to provide you with accurate and candid advice on the relevance of such evidence and what you may expect in a custody dispute in front of a specific judge.

Let Doerner Help with Your Divorce Filings in Oklahoma 

Concerns over deadlines and timelines in a divorce action can leave you feeling stressed. However, the best thing you can do to navigate these waters is to hire an attorney who is well versed in the law and local rules, has a familiarity with the judges that may be assigned to your case, can help you get and stay organized, and can give you advice on realistic expectations.

Doerner has been building trusted relationships in our community since 1896, and we are here to support you through even the most complex issues. Connect with us today to discuss your case.