Once you and your spouse have made the decision to get a divorce, you are likely wondering how long the process will take. It’s safe to say you are hoping to get the divorce finalized as quickly as possible, but there are a few things that need to happen before the marriage is officially dissolved. As Oklahoma divorce attorneys, we get the question, “how long will an uncontested divorce take?” quite often. We’ve all heard the horror stories of divorce dragging out for years, which is something you – and everyone else – undoubtedly wants to avoid. Most people expect it to only be a matter of weeks after the papers are filed for them to be ‘free’, but is this realistic? Is there anything you can do to help speed the process up? What are the factors that go into how soon a divorce is over? We will answer all of these questions and more below, don’t worry. As always, if you have any questions or would like to set up a consultation with an Oklahoma divorce attorney from Atkins & Markoff, please do not hesitate to contact us.
What is an Uncontested Divorce?
Before we dive in, let’s take a look at what, exactly, an uncontested divorce is. For starters, an uncontested divorce occurs when both parties have agreed on the issues that will make up the terms of the divorce judgment. Some of these issues include the following:
- Child support
- Division of property
- Visitation rights
Keep in mind that it is highly recommended that each spouse retain the services of an attorney, even if the divorce is amicable and uncontested. It is imperative that each person has access to the appropriate legal advice before moving forward with the divorce process.
So, how long will a divorce take?
First of all, it is important for you to realize that there is a statutory waiting period. Even if everything goes smoothly and everyone agrees to all the terms, there is still a 91 day waiting period. This 91 day period begins as soon as the petition is served to the other party.
It should also be noted that the court has a hand in determining how long the divorce process will take. In fact, your divorce is almost entirely dependent on the court’s schedule. Unfortunately, most courts aren’t very flexible when it comes to setting up hearings, which means that your final hearing could be scheduled several months out from when you filed your petition. That being said, you don’t always have to rely on the court system to have divorce finalized. If you and your spouse can sit down and come to an agreement on each and every issue of contention, you will likely only have to wait the 91 days for the divorce to be finalized. If you are going this route, your Oklahoma divorce attorney will write up a draft and file a separation agreement with the court, along with an affidavit of non-appearance. If there are children involved, there is a chance you will have to appear in court for an uncontested hearing, but these can usually be done quite quickly.
When it comes to filing a divorce, you are the biggest factor that will affect how long it will take to be finalized. This is why it is crucial that you hire a lawyer right away and get the ball rolling. If you are looking for a speedy divorce and you and your partner have agreed on all issues, you should be able to move everything along quite smoothly. For more information on filing for divorce in Oklahoma, please contact Atkins & Markoff today.