In many states there is a waiting period for finalizing a divorce following the filing of the lawsuit for divorce. This waiting period is intended to allow the spouses to “cool-off” and reconcile if possible. And some states require the spouses to have separated and lived apart for some period of time before proceeding with the divorce. In some states that require such a separation period, if the spouses reconcile and begin living together again (cohabitating) after separating, the separation period must be restarted before the divorce process can proceed.
The waiting period or separation period is often 30-90 days but may be as long as 5-18 months in states such as Arkansas, California, North Carolina, South Carolina, and Vermont. These waiting periods are generally in addition to any minimum time period a spouse must have resided in the county in which the divorce is filed before filing for divorce—known as the residency requirement.
In Oklahoma, the state mandates a waiting period for finalizing a divorce after the filing of the divorce petition. This waiting period is 10 days for couples without minor children and 90 days for couples with minor children. However, the court may waive the 90-day period if there are compelling circumstances. Oklahoma does not require a mandatory separation period before filing for divorce. The residency requirement in Oklahoma stipulates that at least one spouse must have been a resident of the state for a minimum of six months prior to filing for divorce. Additionally, the filing must occur in the county where the petitioner has resided for at least 30 days. These regulations are designed to provide couples with time to reconsider their decision and, if possible, reconcile before the divorce is finalized.