How Many Times Can Divorce Proceedings Be Delayed?
The divorce process can be lengthy and arduous, especially if your spouse refuses to cooperate. If your spouse has delayed the divorce process a few times already, you may wonder: “How many times can a divorce be postponed?”
Oklahoma has no strict rule for the number of acceptable delays in a divorce. The length of the divorce process varies depending on countless factors, and your spouse could claim many acceptable reasons to prolong the process further. Working with an experienced divorce lawyer in Oklahoma City can help streamline the process and counter your spouse’s tactics.
Oklahoma’s Waiting Period for Divorces
Oklahoma requires a mandatory waiting period for divorce. This period gives divorcing couples ample time to reconsider their decision before finalizing the divorce.
- For couples without children, a 10-day waiting period applies after the couple files the petition.
- For couples with children, a 90-day waiting period applies after filing the petition.
Either of these waiting periods may qualify for a waiver at the court’s discretion if there is good cause and no objections. Otherwise, expect to wait at least this minimum time to finalize the divorce process.
Acceptable Reasons To Delay Divorce Proceedings
The answer to “How many times can a divorce be postponed?” varies, as the court accepts several reasons for delaying proceedings. In some cases, the court itself may cause a delay due to scheduling conflicts, clerical errors, or other court-related issues.
Alternatively, your spouse may claim any of these reasons to prolong your divorce process:
- Changing lawyers: Your spouse may decide to hire a new lawyer, which requires a specific legal process.
- Failing to sign documents: Delays may occur when your spouse delays signing documents or submitting necessary paperwork.
- Claiming a reconciliation attempt: Your spouse may claim they would like to try to reconcile before proceeding with the divorce.
- Non-compliance: If your spouse refuses to comply with any aspect of the divorce process, they may be found in contempt of court, which would inherently delay the timeline.
Any of these issues can allow your spouse to file a “motion for continuance,” which is a request to continue the divorce process at a later date. If granted, the court can move the hearing date or trial date to another day.
These delay tactics may not be legitimate. In many cases, one party in the divorce attempts to complicate the process of how to divorce in any way possible to improve their outcomes or wear down their spouse.
What To Do If Your Spouse Is Dragging Out the Divorce Process
If you suspect your spouse is purposefully delaying the divorce process, seek assistance from your divorce attorney. They can help you challenge your spouse’s actions and take other measures to streamline the divorce, such as:
- Submitting documentation on time
- Only requesting necessary motions
- Scheduling status conferences between hearings
Do you need help understanding “How many times can a divorce be postponed?” or navigating issues like leaving the marital home during divorce? Contact Owens Law Office, PC, today at 405-608-0708 to schedule a consultation.
