Child Custody Attorney TAMRA A. SPRADLIN
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Divorce in Oklahoma


Divorce in Oklahoma:  Relevant Questions
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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.  


​
​Connect:

​Tamra A. Spradlin,
​Attorney at Law

3428 NW 178th
Edmond, OK 73012
(405) 752-6000
​


​Business Hours


Mon: 9:00 AM – 5:00 PM
Tue:   9:00 AM – 5:00 PM
Wed: 9:00 AM – 5:00 PM
Thu:   9:00 AM – 5:00 PM
Fri:     9:00 AM – 12:00 PM
Sat:    Closed
Sun:   Closed


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THE LAW OFFICE OF TAMRA A. SPRADLIN SERVES CLIENTS LOCATED IN ​THE OKLAHOMA CITY METRO AREA; EDMOND; CHICKASHA; EL RENO; KINGFISHER; ENID; NORMAN; LAWTON; AND ALL COUNTIES IN OKLAHOMA.  

No portion of this site may be reproduced in any manner without the express written consent of Tamra A. Spradlin.  Copyright 2011 www.tamraspradlin.com  All rights are reserved. Tamra A. Spradlin, P.C. is a professional corporation of the listed attorney.  The information contained within this website is intended for general information purposes only, and does not create an attorney client-relationship.
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  • Home
  • Attorney Profile
  • Practice Areas
    • Family Law >
      • Divorce
      • Common Law Marriage in Oklahoma
      • Separation
      • Annulment
      • Child Custody
      • Paternity
      • Child Support
      • Visitation
      • Motion to Enforce Visitation
      • Relocation
      • Grandparent's Rights
      • Guardianship
      • Step-Parent Adoption
      • Mediation
    • DOMESTIC VIOLENCE >
      • Victim Protective Orders
    • Criminal Defense >
      • Verdicts
  • Contact
  • Helpful Info
    • Law Office Procedure
    • Justia Responsive Law Pledge
    • Suggested Reading List
    • Parental Alienation
  • Reviews
  • Blog