Unfortunately, many marriages end in divorce. If you and your spouse are planning to divorce, you likely want the process to be over as quickly as possible so that you can move on with your life. However, you must follow certain state rules before a court will issue a divorce decree. An attorney at the Law Offices of Craig L. Cook can walk you through the process and ensure that your rights are protected. How long does a divorce take? The timeline of a divorce varies from couple to couple, but our attorneys will ensure that the process goes as quickly and smoothly as possible for you.
How Long Does a Divorce Take?
The length of your divorce will likely depend on the following factors:
- Which state you live in
- Whether you have established residence
- Whether you have children
- Whether your divorce is contested or uncontested
- Whether your marriage is a covenant or non-covenant marriage
How Long Does a Divorce Take in Arkansas?
To file for divorce in Arkansas, you must be a resident of the state for a minimum of 60 days.
Whether your marriage is a covenant or a non-covenant marriage will impact the length of the process. Most people in Arkansas are in non-covenant marriages because covenant marriages require people to go through some extra steps before they can marry. If your marriage is a covenant marriage, you will be required to live separately for a minimum of two years before you can file a petition to divorce. If you have a non-covenant marriage, the voluntary separation period is 18 months.
After you and your spouse have lived separately for the required amount of time, you can file your petition for divorce. The state imposes a 30-day waiting period for all divorces from the date the petition is filed before a decree can be issued. However, this is the minimum waiting period. If you have outstanding issues in dispute such as child custody, spousal support, or property division, your divorce may take longer because you’ll need to resolve those issues. If you litigate your divorce through the court process and a divorce trial, the timing of your divorce will depend on the court’s schedule and could take a year or longer.
How Long Does a Divorce Take in Oklahoma?
In Oklahoma, you must be a resident of the state for a minimum of six months before you can file for divorce. Unlike in Arkansas, there is not a mandatory separation period before a divorce petition can be filed. If you do not have children, the court can issue a divorce decree in as few as 10 days after the petition is filed. If you do have children, Oklahoma has a mandatory 90-day waiting period, which is meant to give you time to attend family counseling to see if there is a way you can work things out and avoid dissolving the marriage. The 90-day waiting period can be waived in certain circumstances. For instance, the waiting period can be waived if neither of you objects and if the court finds that counseling is unlikely to help you to resolve your differences. Also, under 43 O.S. § 107.1(B), the court can waive the 90-day waiting period when there has been extreme cruelty, one spouse has abandoned the other for a year or longer, one spouse is in prison for a state or federal felony, or one spouse is habitually drunk.
Like in Arkansas, the length of your divorce may also be impacted by marital issues in dispute such as custody, spousal support, and property division. If you can resolve the outstanding issues in dispute through an alternative resolution procedure, such as divorce arbitration or mediation, it will be faster than if you litigate your issues through the court. Litigating divorce issues through the court process can greatly extend the time that your divorce will take, potentially making it last for a year or longer.
Contact the Law Offices of Craig L. Cook
If you want to ensure that your divorce goes as quickly and smoothly as possible, you’ll need to work with an experienced family law attorney. To get started, contact the Law Offices of Craig L. Cook to schedule a consultation by calling us at 479-783-8000 or contacting us online.
