Understanding the Waiting Period for a Divorce with Children in Oklahoma

Mar 19

By Travis Vernier, Esq. – Bennett Vernier, PLLC

If you’re filing for divorce in Oklahoma, the waiting period depends on whether minor children are involved. Understanding these timeframes can help you plan ahead and navigate the process more smoothly.

Oklahoma’s Divorce Waiting Periods

✔ Divorce Without Minor Children: 10-day waiting period
✔ Divorce With Minor Children: 90-day waiting period

The waiting period begins once the divorce petition is filed with the court. After this period, if both parties have reached an agreement, the court can finalize the divorce.

However, in contested cases—where spouses disagree on child custody, support, or property division—the divorce process typically extends well beyond 90 days due to additional legal steps, such as:

Temporary orders
Discovery and evidence gathering
Mediation
Pre-trial hearings and trial preparation

How Does the 90-Day Waiting Period Impact Your Case?

📌 For Agreed (Uncontested) Divorces:

If both spouses agree on all terms (custody, visitation, child support, asset division), the divorce can be finalized immediately after 90 days.
The case can be scheduled on the agreed divorce docket, where minimal court testimony is required.

📌 For Contested Divorces:

Expect the process to take longer—many contested cases last several months or even years before a final order is entered.
The 90-day rule is more relevant for uncontested divorces, as contested cases involve court hearings, negotiations, and potential trials.

Temporary Orders: Protecting Your Rights During the Waiting Period

Since 90 days is a long time, especially when children are involved, many couples opt for temporary orders to:

✔ Establish temporary custody and visitation schedules.
✔ Determine child support obligations.
✔ Set rules for who lives in the marital home during the divorce.

A temporary order remains in place until it is replaced by the final divorce decree. This can provide stability and prevent conflicts while the divorce is pending.

Need Legal Guidance? Take the Next Step

Every divorce is unique, and understanding your legal options is crucial. If you have questions about your divorce timeline, child custody, or temporary orders, we can help.

📞 Call (405) 456-0404 today to schedule a confidential consultation with an experienced Oklahoma family law attorney.

💼 Make informed decisions and protect your future. Contact Bennett Vernier, PLLC today.