No divorce, separate maintenance or annulment case shall be heard on its merits until the petition shall have been on file for at least ten (10) days if there are no minor children of the parties or at least thirty (30) days if there are minor children of the parties, except in the case of an emergency duly shown by application setting forth good cause, in the opinion of the trial court, for an earlier hearing. All entries of appearance and waivers must be in writing, must be duly signed and witnessed or acknowledged at least one (1) day after the filing of the petition, and must be filed in the action. When an entry of appearance and waiver is filed as provided herein, the court shall not grant greater relief than is requested in the petition unless the defendant consents in writing filed in the action.
Rule 8.Divorce, Separate Maintenance and Annulment Cases - Waivers
Rules for District Courts of Oklahoma · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSets a mandatory waiting period before a divorce, separate maintenance, or annulment case can be heard on the merits, and requires waivers of appearance to be signed and filed at least one day after the petition, absent a shown emergency.
Full Text of Rule 8
Plain-English Summary
Rule 8 makes a divorce, separate maintenance, or annulment case wait before it can be heard on the merits — at least 10 days after the petition is filed if the parties have no minor children, or 30 days if they do, unless the trial court finds good cause for an emergency hearing. The longer wait where children are involved gives the case more time before a court acts on the parties' request.
Every entry of appearance and waiver must be in writing, signed, and witnessed or acknowledged at least one day after the petition was filed, and then filed in the action. Once a waiver is on file, the court cannot award more relief than the petition requested unless the defendant consents to more in writing filed in the case.
Frequently Asked Questions
How long do we have to wait before an uncontested Oklahoma divorce can be heard?
At least 10 days after the petition is filed if the couple has no minor children, or 30 days if they do, unless the court finds good cause for an emergency hearing.
My spouse signed a waiver the same day I filed the petition. Is that valid?
No. Rule 8 requires the waiver to be signed and witnessed or acknowledged at least one day after the petition was filed, and it must be filed in the case.
If my spouse waives appearance, can the judge award me more than I asked for in the petition?
Not unless your spouse consents to it in writing filed in the action. Rule 8 caps relief at what the petition requested once a waiver is on file.
Can we get an earlier hearing if there's an emergency?
Yes, if you show good cause for an earlier hearing in an application to the trial court.
Source & verification. Rule text is reproduced verbatim from the
Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma
as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma divorce waiting periodwaiver of appearance oklahoma divorcerule 8 rules for district courts oklahomaannulment waiting period oklahoma