How Long Does a Divorce Take in Oklahoma

May 5, 2023 Amanda

How Long Does a Divorce Take in Oklahoma

Divorce Type	Processing Time
Uncontested	10-90 days
Contested with Agreement	90-180 days
Contested without Agreement	6 months to 3 years

Overview of Divorce Process in Oklahoma

The first step in obtaining a divorce in Oklahoma is filing a petition for dissolution of marriage with your county court clerk. This document outlines basic information about your marriage and any children involved.
Your spouse will then need to be served with notice of the petition and given time to respond.
If there are disagreements regarding child custody or property division, mediation may be required to try and resolve these issues outside of court.
If mediation fails, you may need to attend hearings where a judge will make decisions on these matters.
Once all issues have been resolved, a final decree of dissolution will be issued by the court, officially ending your marriage.

The length of time it takes to complete this process can vary greatly depending on individual circumstances such as how quickly each step is completed and whether or not there are disagreements between spouses that require additional legal action. In general, however, divorces in Oklahoma typically take anywhere from four months up to one year or more if complications arise during proceedings. It’s important to work closely with an experienced family law attorney who can guide you through each step and help ensure that your rights and interests are protected throughout this difficult time.

Introduction to Oklahoma Divorce Laws

Additionally, there are specific rules regarding property division in an Oklahoma divorce:

Oklahoma is an equitable distribution state, which means that marital property (property acquired during the marriage) will be divided fairly but not necessarily equally between spouses.
Separate property (property owned by one spouse before marriage or received as a gift or inheritance during marriage) will generally not be subject to division.
The court may also consider factors such as each spouse’s financial situation and contribution to acquiring marital assets when making decisions about property division.

Having a clear understanding of these laws can help you navigate your way through the divorce process more smoothly. However, it’s always recommended that you consult with an experienced family law attorney who can provide personalized guidance based on your individual circumstances and goals.

Reasons for Divorce in Oklahoma

In some cases, it may be more beneficial to pursue a fault-based divorce in order to gain an advantage in child custody or property division proceedings. However, proving fault can be difficult and time-consuming.

Ultimately, the reasons behind your decision to get a divorce will depend on your unique circumstances and needs. An experienced family law attorney can help you explore your options and make informed decisions throughout the process.

Overview of Divorce Process in Oklahoma

Uncontested Divorce in Oklahoma

It’s important to note that even in an uncontested divorce situation it’s recommended that each party has their own attorney review any agreements before they are signed. This ensures that your rights and interests are fully protected throughout this process. An experienced family law attorney can guide you through each step of this process while helping ensure your legal needs are met so you can move forward with confidence.

Definition of Uncontested Divorce

An uncontested divorce is a type of divorce in which both spouses agree on all major issues related to the dissolution of their marriage. This can include matters such as child custody and support, spousal support (if applicable), and property division.

In an uncontested divorce, both parties sign a settlement agreement outlining the terms of their agreement.
The settlement agreement is then presented to the court for approval, after which a final decree of dissolution will be issued.
Uncontested divorces are generally faster and less expensive than contested divorces because they do not require litigation or extensive negotiations between attorneys.

If you and your spouse are able to come to an agreement on all important issues related to your divorce, pursuing an uncontested divorce may be a good option for you. However, it’s still recommended that you consult with an experienced family law attorney who can ensure that your rights and interests are protected throughout this process.

Requirements for Filing an Uncontested Divorce

An uncontested divorce can often save time and money compared to a contested divorce, but it’s important that both parties fully understand their rights and options before agreeing to any terms. Consulting with an experienced family law attorney can help ensure that your interests are protected throughout the process.

Timeline for Uncontested Divorce in Oklahoma

The exact timeline for an uncontested divorce can vary depending on individual circumstances such as how quickly each step is completed and whether or not there are any complications that arise during proceedings. However, generally speaking, an uncontested divorce in Oklahoma can take anywhere from two weeks up to four months from start to finish.

Cost of Uncontested Divorce in Oklahoma

If you and your spouse are able to agree on all issues related to your divorce, such as child custody, property division, and spousal support (if applicable), an uncontested divorce may be a more affordable option. In this situation, the process typically involves:

Drafting and filing a joint petition for dissolution with the court clerk’s office.
Providing notice of the petition to your spouse and giving them time to respond.
Attending a brief hearing where a judge will review your paperwork and issue a final decree if everything is in order.

In general, an uncontested divorce can cost anywhere from $500-$2,000 in Oklahoma. However, it’s important to keep in mind that unexpected complications or disagreements can arise at any point during the process which could increase these costs significantly. It’s always recommended that you consult with an experienced family law attorney who can provide personalized guidance based on your individual circumstances.

Contested Divorce in Oklahoma

If you find yourself in a contested divorce, it’s essential that you work closely with an experienced family law attorney who can help protect your interests and guide you through the complex legal process. In some cases, mediation or arbitration may be recommended as an alternative to litigation.

In a litigated divorce, each spouse will need to present evidence supporting their position on disputed issues before a judge. The judge will then make decisions based on this evidence and other relevant factors such as state laws governing child custody and property division.

This process can be emotionally draining and time-consuming, but it’s often necessary to ensure that your rights are protected throughout the proceedings. With skilled legal representation, however, it is possible to emerge from even the most contentious divorces with a fair settlement that meets your needs.

Definition of Contested Divorce

A contested divorce is one in which the spouses cannot agree on all of the terms and conditions related to their divorce. This can include issues such as child custody, property division, and spousal support.

If you are facing a contested divorce in Oklahoma, it’s important to work with an experienced family law attorney who can help protect your rights and interests throughout the process. Some common steps involved in a contested divorce may include:

Filing for a temporary order to address immediate concerns such as child custody or financial support during the proceedings
Discovery, where both parties exchange information and documentation related to assets, income, debts, etc.
Negotiation or mediation sessions to try and reach agreements outside of court
Pre-trial conferences where attorneys discuss any remaining disputes before going to trial
The actual trial itself where a judge will hear arguments from both sides and make decisions on unresolved issues if necessary.

Reasons for Contested Divorce in Oklahoma

If you are facing a contested divorce in Oklahoma, it’s important to work with an experienced family law attorney who can help you navigate these challenging legal waters. Your attorney can assist you in negotiating with your spouse’s attorney and advocating for your best interests during mediation sessions and court hearings.

Timeline for Contested Divorce in Oklahoma

Once all issues have been resolved either through settlement negotiations or trial:

A final decree of dissolution will be issued by the court officially ending your marriage

In general, a contested divorce in Oklahoma can take anywhere from six months up to two years or more if complicated disputes arise during proceedings. It’s important that you work closely with an experienced family law attorney who can guide you through each step and help ensure that your rights and interests are protected throughout this difficult time.

Cost of Contested Divorce in Oklahoma

If you and your spouse are unable to come to an agreement on all issues related to the divorce, you may be facing a contested divorce. Contested divorces tend to be more expensive due to additional legal work required.

Overall, it’s difficult to estimate an exact cost for a contested divorce in Oklahoma without knowing the specific details of each case. However, hiring an experienced family law attorney can help ensure that you receive fair representation throughout the process and minimize unnecessary expenses.

Factors That Can Affect Divorce Timeline in Oklahoma

It’s important to keep in mind that while some divorces can be completed relatively quickly, others may take months or even years to resolve depending on the unique circumstances involved. Working with an experienced family law attorney who is familiar with Oklahoma divorce laws and procedures can help ensure that your case moves forward as efficiently as possible without sacrificing your legal rights or interests.

Property Division

To ensure that your rights and interests are protected throughout this process it’s essential that you work closely with an experienced family law attorney who can provide legal guidance based on your individual circumstances.

Child Custody

Child custody can be one of the most difficult aspects of a divorce, and it’s important to understand how Oklahoma law approaches this issue.

Oklahoma courts prefer to award joint legal and physical custody if possible, which means that both parents will share decision-making authority and time with the child.
If joint custody is not feasible or in the child’s best interests, then one parent may be awarded sole custody while the other receives visitation rights.
The court will consider factors such as each parent’s ability to provide for the child’s physical and emotional needs, their relationship with the child, and any history of abuse or neglect when making decisions about custody.

It’s important to work closely with an experienced family law attorney who can help you navigate this process effectively. Your attorney can also help ensure that your rights as a parent are protected throughout these proceedings.

Alimony

Alimony, also known as spousal support, is a payment made by one spouse to the other after divorce. In Oklahoma, alimony may be awarded in certain circumstances:

If one spouse earns significantly more than the other
If one spouse stayed home to care for children or otherwise supported the other’s career during the marriage
If one spouse has health issues that prevent them from supporting themselves financially
The duration and amount of alimony payments will depend on several factors, including each spouse’s income and earning potential, length of the marriage, and standard of living during the marriage.

It’s important to note that unlike child support, alimony is not automatically granted in every divorce case. Whether or not you may be entitled to receive or required to pay alimony will depend on your specific situation. An experienced family law attorney can help you understand your rights and obligations when it comes to spousal support.

Other Issues

In addition, it’s important for divorcing couples to address any estate planning documents such as wills or trusts that may need updating. An experienced family law attorney can provide guidance on these and other important considerations throughout the divorce process.

Alternatives to Divorce in Oklahoma

If you’re considering alternatives to divorce but aren’t sure where to turn, an experienced family law attorney can help guide you through the options available based on your specific circumstances and goals.

Legal Separation

In some cases, couples may choose to pursue a legal separation rather than a divorce. Legal separation in Oklahoma involves many of the same steps as divorce, but the couple remains legally married and cannot remarry until they obtain a divorce.

Reasons for pursuing a legal separation may include:

Religious or personal beliefs that prohibit divorce
Need to continue receiving health insurance benefits through a spouse’s employer
Desire to maintain certain tax benefits or military benefits

Legal separations can also be converted into divorces if both spouses agree at any time during the process. It’s important to consult with an experienced family law attorney to determine whether legal separation is right for your situation.

Annulment

An annulment can have different implications than a divorce in terms of property division, child custody and other matters. It’s important to work with an experienced family law attorney if you’re considering pursuing an annulment.

Mediation

It’s important to note that mediation may not always work in every case and some situations may require further legal action or litigation. An experienced family law attorney can help you determine if mediation would be beneficial in your specific situation and guide you through the process from start to finish.

Hiring a Divorce Attorney in Oklahoma

Hiring a skilled divorce attorney can help ensure that your rights are protected throughout this difficult time. They can provide guidance, support, and advocacy every step of the way, allowing you to focus on moving forward towards a brighter future post-divorce.

Benefits of Hiring a Divorce Attorney

Ultimately, going through a divorce without legal representation can be risky. By hiring an experienced family law attorney, you’ll have peace of mind knowing that someone is advocating for your best interests at all times.

How to Choose a Divorce Attorney in Oklahoma

Choosing the right divorce attorney is crucial to ensuring that your legal rights and interests are protected throughout the process. Here are some tips for selecting an experienced family law attorney in Oklahoma:

Look for an attorney who specializes in family law and has experience handling divorce cases.
Consider the attorney’s reputation in the community, as well as their success rate in similar cases.
Ask about their approach to resolving conflicts and whether they prefer mediation or litigation.
Inquire about their fees and billing practices upfront so you can avoid any surprises later on.

Ultimately, it’s important to choose an attorney whom you feel comfortable working with and who understands your unique needs and goals. Schedule a consultation with a few different attorneys before making a final decision so you can compare their services and make an informed choice.

Cost of Hiring a Divorce Attorney in Oklahoma

The cost of hiring a divorce attorney in Oklahoma can vary depending on several factors, including the complexity of your case and the attorney’s level of experience. Some attorneys may charge an hourly rate, while others may offer flat-fee arrangements for certain services.

It’s important to keep in mind that legal fees are just one part of the overall cost of getting a divorce. Other expenses you may incur include court filing fees, mediation costs, and expert witness fees if necessary.

Hourly rates for divorce attorneys in Oklahoma typically range from $150-$350 per hour.
Flat fee arrangements may be available for specific services such as document preparation or uncontested divorces.
You should always discuss fee structures with potential attorneys upfront so that you have a clear understanding of what to expect before making any decisions about representation.

If you are concerned about affording legal representation, there may be resources available to help. Low-income individuals can contact Legal Aid Services of Oklahoma or other nonprofit organizations that provide free or reduced-cost legal assistance to those who qualify.

Conclusion

Divorce is never easy, but understanding the divorce process in Oklahoma and your legal rights can help you navigate this challenging time with greater ease and confidence. Remember to seek out the guidance of an experienced family law attorney who can provide personalized advice based on your individual circumstances.

If you are considering getting a divorce in Oklahoma, be sure to gather all relevant financial documents and make a list of any questions or concerns you may have. It’s important to approach the process with as much information as possible so that you can make informed decisions that will protect your interests now and into the future.

Although it may be difficult at times, try to stay focused on what matters most: moving forward in a positive direction and building a new life for yourself and those closest to you. With patience, determination, and the right support system in place, you can successfully navigate through this challenging time.

Recap of Divorce Process in Oklahoma

It’s important to keep in mind that every divorce is unique and may present its own set of challenges. Working closely with an experienced family law attorney can help you navigate these challenges and ensure that your rights and interests are protected throughout the process.

In addition, understanding Oklahoma divorce laws, including those related to property division and fault-based divorces, can also be helpful as you move forward with your case. By staying informed about the legal aspects of divorce in Oklahoma, you can make more informed decisions and achieve a successful outcome.

Final Thoughts on How Long Divorce Takes in Oklahoma.

Divorce can be a difficult and emotional process, but understanding the basics of how it works in Oklahoma can help you prepare for what’s to come. Here are some final thoughts on how long divorce takes in Oklahoma:

The length of time it takes to complete a divorce will depend on various factors such as whether or not there are disagreements between spouses and how quickly each step is completed.
In general, divorces in Oklahoma take anywhere from four months up to one year or more if complications arise during proceedings.
Working with an experienced family law attorney can help ensure that your rights and interests are protected throughout the process and may help expedite the proceedings.

Remember that divorce is never easy, but by staying informed and seeking out professional guidance when necessary, you can navigate this challenging time with greater ease and confidence.

FAQ on ‘How Long Does a Divorce Take in Oklahoma’

Q: What factors can affect how long a divorce takes in Oklahoma?

A: The complexity of the case, the willingness of both parties to negotiate and come to an agreement, and the backlog of cases in the court system can all affect how long a divorce takes in Oklahoma.

Q: Is it possible to speed up the divorce process in Oklahoma?

A: Yes, if both parties are willing to work together and reach an agreement quickly, they may be able to expedite the process. Additionally, hiring an experienced divorce attorney can help streamline the process.

Q: Can I file for a speedy divorce in Oklahoma?

A: No, there is no such thing as a “speedy” or “quickie” divorce in Oklahoma. Every case must go through a mandatory waiting period before it can be finalized.

Q: How long does it typically take for a divorce to be finalized in Oklahoma?

A: The length of time it takes for a divorce to be finalized varies depending on the circumstances of each individual case. On average, however, divorces in Oklahoma take between four and eight months from start to finish.