One of the first questions potential divorce clients and new divorce clients ask us in our office is “how long will it take to get divorced?” The answer unfortunately is it depends on the parties. The more complex your marriage, the longer your divorce will take to complete.
Divorce cases in Oklahoma City can be finalized in 10 days if the parties do not have children and are in agreement about the terms of the divorce. Stated another way, a divorce without minor children can be finalized in next to no time, if the parties agree on terms of their divorce.
Divorce cases in Oklahoma City with minor children cannot be finalized until 90 days have passed based on Oklahoma statutes. However, judges can and sometimes do elect to waive the 90-day waiting period.
A skilled Oklahoma City divorce attorney can explain all your options to you and help you identify ways to expedite your divorce case. Additionally, you may not be aware of all the issues or concerns you need to consider before you resolve your divorce in Oklahoma. Our team is happy to answer your questions and make sure you are considering all important issues.
Hundreds of free resources are available on our website, come by our office to pick-up a FREE copy of our book, “Informed Divorce: Facing the Future with a Plan” or you may purchase it on Kindle or Paperback on Amazon! Also, you may call us anytime 405-591-3935 for a free confidential case strategy sessions
How long does a Divorce take to Finalize?
It depends, divorces take as long as the parties make it. Meaning, when one or both parties cannot agree on terms of their divorce it will take longer to finalize. Many of our clients feel passionately about protecting their retirement, the custody arrangement they want for their children, or other important issues. When the parties cannot agree on terms of divorce, the family law judge or a mediator must get involved to resolve all issues in the divorce.
A divorce can be filed and finalized in 10 days in Oklahoma, if there are no minor children in the divorce. When you and your spouse are in agreement on all the important terms of your divorce and you work with an experienced Oklahoma City divorce attorney, it is rather simply to follow the necessary steps to document everything you want in your divorce and get it finalized in Oklahoma County in a short period of time.
What slows down the divorce process in Oklahoma County?
Unfortunately, a number of issues can slow down the divorce process in Oklahoma County. However, you will be better prepared to deal with the causes that slow down the divorce process in Oklahoma County, if you are aware of the common issues:
- Hiring the wrong Oklahoma City divorce attorney: the efficiency and quality of the work done in your divorce will suffer, if you work with an inexperienced or overwhelmed divorce attorney. It is important to work with a family law firm that has detailed policies and procedures to handle every step of your case to keep the case moving.
- Delay in Filing Divorce Pleadings: again, working with an experienced Oklahoma City divorce law firm will assist you in ensuring your case is filed quickly and correctly presents the issues in your case to the other party and to the divorce court judge. We have handled hundreds of client’s divorces and can assist you in making sure the pleadings in your divorce say exactly what you are wanting, without the delays of working with an inexperienced divorce lawyer.
- Disagreements in Divorce Decisions: it is important to pick your battles in divorce, if you want the process to go quickly and smoothly. There are multiple important issues to be decided in a divorce: division of retirement accounts in divorce, investments in divorce, assets, child custody, spousal support, and child support, etc. Your divorce will take less time, if you and your spouse can narrow down your dispute to only a few issues in your divorce.
- Divorce Judge’s Calendar: in order to finalize a divorce in Oklahoma, at least one party must appear with their divorce attorney in order to have the family law judge assigned to your case sign and enter the divorce decree. In Oklahoma County, the judges are very busy and sometimes scheduling a hearing to enter your divorce decree takes a few weeks.
- Completion of Parenting Classes: Oklahoma law requires both parties in a divorce with minor children to complete a parenting class and provide the Court proof of completion of the parenting class before a divorce will be granted in your Oklahoma divorce proceeding. We work with our clients to assisting them in finding a parent course that works for their schedule as well as the needs they and/or the judge believe are relevant to child custody in their case. Proof of the parenting class must be filed and presented to the divorce court prior to entry of the divorce decree, which we do for our divorce clients.
The 90-day waiting period for a divorce with minor children is routinely enforced and does delay many individuals from obtaining a speedy divorce in Oklahoma County; however, it can be waived by the divorce court for cause. We would be glad to discuss this and any other issues or questions with you during a free confidential case strategy session.
Can my spouse delay the Divorce Process in Oklahoma County?
Yes, in order to be granted a divorce in Oklahoma, both parties must participate in the process or the divorce court must grant a default divorce. In most Oklahoma County divorce cases, the party that did not file the divorce, the Respondent, must file an Answer to the initial divorce Petition. The Answer to the divorce Petition must be filed within 20 days; however, the Respondent may request and will likely be granted an additional 20 days to file an Answer in a divorce case in Oklahoma County.
Unless the divorce parties are entered a divorce decree that has been reached by agreement, the Petition and Answer process will take place, which can delay the process at least a month from the date of filing the divorce Petition. Documents and financial records must be exchanged within 30 days of the Respondent filing their Answer to the divorce Petition. In most cases, our divorce clients will file a Counter-Petition with their Answer, which lays out what they want to be the outcome for the judge and the other party to divorce.
How can I get a Default Divorce Judgment in Oklahoma County?
Once your Oklahoma City divorce attorney files your divorce Petition, opening your divorce case, they will attempt to serve the other party, your spouse. When we serve your spouse or they accept the divorce Petition and waiver “service of process” the document is filed with the court, which starts the clock for your spouse to file an Answer to the divorce Petition.
When your Oklahoma City divorce lawyer is unable to serve your spouse with your divorce Petition, which happens often, they should file a motion for “service by publication,” which enables the divorce judge to consider the other party, your spouse, served or given “notice” of the divorce proceeding by putting it in the newspaper or another publication.
Once service by publication is granted by the divorce judge, your Oklahoma County divorce lawyer needs to file the order with the Oklahoma County Court Clerk and provide the Order and Petition to a publication, such as the Daily Oklahoman or the Journal Record. After the notice has run three times, your divorce attorney can present proof of the publication to the divorce judge and set a hearing for default judgement.
The process to obtain a default divorce judgement in Oklahoma County is complicated, but our team of Fierce Advocates® have successfully assisted many clients in obtaining a default divorce. We’re glad to meet with you and answer your questions about this somewhat complicated process. It is our goal that everyone we met with understands everything going on in their divorce case.
What if my Spouse and I can’t agree to Divorce Terms?
You and your spouse are both entitled to your day in divorce court. When either party in an Oklahoma divorce proceeding is unwilling to reach a settlement on an issue, that point can be presented to the family law judge at trial or a contested divorce hearing.
When an Oklahoma divorce must go to trial or contested divorce hearings, the process will take longer to finalize your Oklahoma divorce. In Oklahoma, divorce trials are decided by the family law judge assigned to your case. You will not have a jury trial in your Oklahoma divorce case. The number of issues to be decided and the divorce judge’s docket or calendar dictate the amount of time you will have to wait for your Oklahoma divorce trial.
You are entitled to hire an Oklahoma City divorce attorney at any time during your divorce or change to a new divorce lawyer. We’re glad to assist you in reaching resolution on your Oklahoma County divorce case, if it has stalled or is not proceeding towards resolution.
CONTACT CANNON & ASSOCIATES TODAY!
If you are facing or considering divorce in Oklahoma, it is important to work with an experienced Oklahoma City divorce attorney to increase your chance of obtaining the outcome you desire. Additionally, by taking a strategic approach to the divorce process, you may be able to save time, stress, and money in this process.
Your Fierce Advocates® at Cannon & Associates are dedicated to answering your questions and preparing you for the road ahead. We take pride in the responsibility of serving families facing divorce and the court system every day and are here to assist you through this confusing process.
More free resources on Oklahoma divorce are available on our website, you can stop by our office to pick-up a FREE copy of our book, “Informed Divorce: Facing the Future with a Plan” or you may purchase it on Kindle or Paperback on Amazon!
CALL NOW 405-591-3935 for your free confidential case strategy sessions to help you understand your circumstances and answer your questions about divorce in Oklahoma, whether you decide to work with us or not.