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September 21, 2022

How Long Do You Have to Be Separated in Oklahoma Before a Divorce?

In this article, we’ll look at some common questions people have when they first start to consider divorce.

Divorce can feel complicated and overwhelming. It is a time in which emotions run high, and yet legal matters must be completed dispassionately. No matter what part of the divorce you find yourself in, chances are good you have questions about how it will proceed. In this article, we’ll look at some common questions people have when they first start to consider divorce. Questions such as:

  • What requirements must you meet to qualify for a divorce?
  • Do you need to be separated before a divorce?
  • What happens if your spouse won’t grant you a divorce?

What Are The Requirements For Divorce?

You can file for divorce at any point during your marriage. Oklahoma is a “no-fault” state, meaning you do not need to prove that your spouse broke their wedding vows to be granted a divorce. The only requirements for an Oklahoma divorce are those concerning residency. To file for divorce in Oklahoma, one or both individuals must have lived in our state for at least six months. Likewise, they must have lived in the county they wish to file in for at least thirty days.

Is Separation Required Before Divorce?

Oklahoma does require a separation waiting period before a divorce is granted. The fastest version of this is a ten-day waiting period reserved for couples without minor children. For those who do have children, the waiting period is significantly longer.

Oklahoma law requires divorcing parents to take a “time out” of 90 days to decide if divorce can be avoided for the sake of their children. If at the end of 90 days, the couple wishes to continue, a divorce will be granted. The waiting period can sometimes be avoided through special permission from the court. But each party must agree to waive the waiting period, and they must both have attended marriage counseling.

What If My Spouse Won’t Agree To Divorce?

Divorce will always be granted in Oklahoma regardless of whether your spouse agrees to it. You will never be forced to remain in a marriage you wish to leave. If one spouse refuses to participate in divorce proceedings, you can continue without their consent. Your divorce attorney will be able to explain the options available to you should this happen.

If you are considering divorce, call the experts at Outhier & Caruthers, PLLC, at 580-234-6600.

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