Many states have separation requirements that couples must meet before they can divorce. If you plan to divorce in Oklahoma, you’re likely curious about whether this rule applies to you. By understanding how long you have to be separated before divorce in Oklahoma, you can make the right decision for you.
How Long Do You Have to Be Separated Before Divorce in Oklahoma?
There is no requirement to be separated before divorcing in Oklahoma. However, there is a waiting period after submitting divorce papers. If you have children, a hearing is scheduled for 90 or more days after you file the documents.
The waiting period is only 10 days for couples without children. If both spouses agree, the 10 days are waived. After this hearing, the court can grant the divorce, though both spouses cannot remarry for at least six months.
Divorce Requirements in Oklahoma
To file for divorce in Oklahoma, you need to have grounds, meet residency requirements, and more. Understanding all the requirements before initiating the process is crucial to setting yourself up for success.
Residency Requirements
Before you file any divorce-related document in Oklahoma, one spouse must have lived in Oklahoma for six months or more. There is one exception that makes the requirement longer; if the grounds for divorce are insanity and the non-filing spouse lives outside of Oklahoma in an institution, the filing spouse must have lived in Oklahoma for five or more years before filing.
Grounds: No-fault or At-Fault
In Oklahoma, you must have grounds for divorce. The state allows for no-fault and at-fault divorces, with the difference being whether one spouse must show that the other spouse’s behavior ended the marriage.
A no-fault divorce can be much quicker than an at-fault divorce. Oklahoma will grant a no-fault divorce simply because the couple claims to be incompatible. Despite this, if the couple has minor children, they will be required to attend a class on the impact divorce has on children.
An at-fault or fault-based divorce can take much longer and be more expensive than a no-fault divorce. Both spouses must present evidence to the court that the other party caused the divorce. Causes can include actions from abandonment for more than a year to adultery to impotence.
Incompatibility, no-fault divorces are much more common than fault-based divorces.
Filing Requirements
If a person chooses to represent themselves, local nonprofits or a local clerk can assist them with the applicable documents. If someone hires an attorney, their divorce attorney will file for them. The process goes like this:
- You file your cover sheet, divorce petition, and summons with the courthouse.
- The courthouse delivers the documents to your spouse, or, in an uncontested divorce or “waiver divorce,” the spouse waives service. If the divorce is uncontested, you must include an entry of appearance, waiver, proposed divorce decree, and custody plan in the divorce submission.
- You pay a filing fee, which varies by county and year.
Resolution of Issues
In an uncontested divorce, parties resolve all issues and submit these documents to the court (if applicable):
- A marital settlement agreement
- Financial affidavits from each spouse
- A parenting plan and visitation schedule (when applicable)
- A child support worksheet and schedule of custody (when applicable).
In a contested divorce, the scheduled hearing determines which aspects the parties agree on and which must go to trial. The judge might order mediation and an additional hearing to predate the trial. This time can allow the couple to handle matters privately. Expect your waiting period for a contested divorce to be more than 90 days. These types of divorces take much longer than uncontested divorces.
Regardless of the type or length of divorce, after it is granted, it is official. You are divorced, but you are forbidden to remarry for at least six months.
FAQs
Q: What Is the Six-Month Rule for Divorce in Oklahoma?
A: The six-month rule for divorce in Oklahoma is that from the date the court grants the divorce, neither ex-spouse can remarry for at least six months. While spouses are allowed to date others, they cannot legally file marriage paperwork with any individual, including their previous spouse.
If you get remarried within the six-month waiting period, the new marriage will be voidable during that time. You would be committing a crime for bigamy, which is a felony in Oklahoma. After six months, your new marriage becomes legitimate.
Q: Can You Get a Divorce Without the Other Person Signing in Oklahoma?
A: Yes, you can get a divorce without the other person signing in Oklahoma. After you serve your spouse divorce papers, they have 20 days to respond, and you have 10 days to counter-respond. Your divorce will be finalized after this 20 or 30-day period. The divorce process still has to take place, and if you have children, there is a mandatory 90-day waiting period after you file your papers.
If you have a spouse who will not sign divorce papers, it is wise to seek counsel from Oklahoma City divorce lawyers.
Q: What Is Considered Legally Separated in Oklahoma?
A: Legal separation in Oklahoma is when spouses remain legally married but consciously choose to live apart. For some, this may be to allow physical space before deciding whether or not to get legally divorced. Others would like to remain married but live in different places and have different financial lives.
Legal separation involves a set of proceedings in Oklahoma that are separate from those in a divorce case.
Q: Can You Date While Separated in Oklahoma?
A: Dating while separated in Oklahoma is technically illegal. Adultery in Oklahoma is a felony that can put you in prison for up to five years. However, this law is not enforced, and it is extremely unlikely that you will be charged with an adultery felony while informally separated.
If you are going through a divorce, it’s possible that dating could have an impact on spousal support, child support, child custody, or property division in certain rare cases.
Contact Stange Law Firm, PC
While Oklahoma has no separation requirements, the waiting period can delay your divorce. At Stange Law Firm, we can provide you with sound legal guidance to help the process proceed as smoothly and quickly as possible. For more information on divorce or questions about your situation, contact Stange Law Firm, PC, today.
