Divorce in Oklahoma: Relevant Questions
1. What is Incompatibility?
There are a total of twelve (12) grounds for Divorce in Oklahoma. The most common ground is Incompatibility, and Oklahoma began allowing people to get Divorced based upon Incompatibility in 1953. Incompatibility, as defined by case law, means "that there be such a conflict of personalities as to destroy the legitimate ends of matrimony and possibility of a reconciliation." Kirkland v. Kirkland, 1971 OK 98, 488 P. 2d 720.
2. How long does it take before a Divorce is final?
For a Divorce on the ground of Incompatibility, the answer depends upon whether the Divorce is Contested or Uncontested, and whether you have minor children. If you both agree to all terms and do not have any minor children, your Divorce can generally be granted as early as ten (10) days after the Petition for Dissolution of Marriage is filed. If you both agree to everything and you have minor children, you will have to wait ninety (90) days after the Petition for Dissolution of Marriage is filed before your Divorce is final. 43 O.S. 107.1 This waiting period may be waived under special circumstances, and is discretionary with the Court.
If the case is contested, there are numerous steps which must be completed before the Court will hear a trial and make final orders. The first step towards final resolution is normally a Temporary Order hearing. The Court will enter orders about custody, visitation, child support, and property. Discovery (exchange of information) begins, and many Courts require the parties to attend Mediation. If mediation is unsuccessful in settling the case, a Pre-Trial Conference is scheduled and a Trial is set. Many other types of hearings may be necessary prior to setting a case for trial, depending upon the facts of your individual case.
3. Do we have to attend counseling before a Divorce is filed?
Oklahoma does not have a requirement of marital counseling; however, I strongly encourage you to seek marital counseling with a family therapist. If the other party will not attend counseling, you may want to consider counseling on your own to help you deal with the difficult emotional issues during this time.
If minor children are involved you must complete a Co-Parenting Course before the Court will grant your Divorce. Please see my post "Coparenting Class Required in Oklahoma" for more information about the necessary procedure.
4. What if we reconcile?
Your Divorce case can be voluntarily dismissed at any time if both parties are in agreement.
There are a total of twelve (12) grounds for Divorce in Oklahoma. The most common ground is Incompatibility, and Oklahoma began allowing people to get Divorced based upon Incompatibility in 1953. Incompatibility, as defined by case law, means "that there be such a conflict of personalities as to destroy the legitimate ends of matrimony and possibility of a reconciliation." Kirkland v. Kirkland, 1971 OK 98, 488 P. 2d 720.
2. How long does it take before a Divorce is final?
For a Divorce on the ground of Incompatibility, the answer depends upon whether the Divorce is Contested or Uncontested, and whether you have minor children. If you both agree to all terms and do not have any minor children, your Divorce can generally be granted as early as ten (10) days after the Petition for Dissolution of Marriage is filed. If you both agree to everything and you have minor children, you will have to wait ninety (90) days after the Petition for Dissolution of Marriage is filed before your Divorce is final. 43 O.S. 107.1 This waiting period may be waived under special circumstances, and is discretionary with the Court.
If the case is contested, there are numerous steps which must be completed before the Court will hear a trial and make final orders. The first step towards final resolution is normally a Temporary Order hearing. The Court will enter orders about custody, visitation, child support, and property. Discovery (exchange of information) begins, and many Courts require the parties to attend Mediation. If mediation is unsuccessful in settling the case, a Pre-Trial Conference is scheduled and a Trial is set. Many other types of hearings may be necessary prior to setting a case for trial, depending upon the facts of your individual case.
3. Do we have to attend counseling before a Divorce is filed?
Oklahoma does not have a requirement of marital counseling; however, I strongly encourage you to seek marital counseling with a family therapist. If the other party will not attend counseling, you may want to consider counseling on your own to help you deal with the difficult emotional issues during this time.
If minor children are involved you must complete a Co-Parenting Course before the Court will grant your Divorce. Please see my post "Coparenting Class Required in Oklahoma" for more information about the necessary procedure.
4. What if we reconcile?
Your Divorce case can be voluntarily dismissed at any time if both parties are in agreement.