{"id":375791,"date":"2016-03-31T21:36:23","date_gmt":"2016-04-01T02:36:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oklahoma-law\/oklahoma-legal-requirements-for-divorce.html"},"modified":"2024-08-27T14:47:27","modified_gmt":"2024-08-27T19:47:27","slug":"oklahoma-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oklahoma-law\/oklahoma-legal-requirements-for-divorce.html","title":{"rendered":"Oklahoma Divorce Laws"},"content":{"rendered":"\n
\n \n
\n

Oklahoma Divorce Laws <\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you live in Oklahoma and want to get divorced, you must follow specific laws. Every state has specific legal requirements for getting a divorce<\/a>. These include residency requirements, waiting periods, and the grounds for divorce. Oklahoma is no different.<\/p>\r\n

Like all other states, the state of Oklahoma recognizes no-fault divorce<\/a>. Most people opt for this type of divorce. You don’t have to cite grounds for divorce that blame the other spouse for the marriage breakdown.<\/p>\r\n

Here, we’ll discuss Oklahoma divorce laws. We will also explain how the Oklahoma divorce process works. It’s a good idea to get to know this process. But, you may want to consult an Oklahoma divorce attorney<\/a> if you have children or significant marital assets.<\/p>\r\n

Legal Requirements for Divorce in Oklahoma<\/h2>\r\n

In Oklahoma, parties seeking to end a marriage may use the terms divorce and dissolution of marriage interchangeably. In either case, the state has a residency rule of six months. You or your spouse must have lived in-state for at least six months immediately before filing the petition. You must also file your action in the county where you have lived for at least the past 30 days or in the county where your spouse lives.<\/p>\r\n

In Oklahoma, divorce cases go through the family law division<\/a> of the district court. Your case may go before a district court judge or an appointed district court referee. At the filing of your case, the law gives an automatic temporary injunction. This means neither you nor your spouse can dispose of assets or take on marital debt while the case is pending without further agreement or a court order.<\/p>\r\n

Once you file your petition, your spouse is the respondent and can reply with an answer or response. They can agree or disagree that there are grounds for the divorce. While your case is pending, there is a period of discovery where the parties share information about legal issues such as separate property, marital property, debts, support, and other matters.<\/p>\r\n

In most cases involving minor children, Oklahoma law says the family law judge can’t file the final divorce decree until 90 days after the petition filing date. This 90-day waiting period, often called a "cooling off" period, can be waived for good cause when neither party objects.<\/p>\r\n

In divorce cases with children, the court will most likely order both parents to complete a parenting education class or seminar before filing a final decree. In cases where the grounds are the parties’ incompatibility, the law requires the parenting class. The program focuses on how to parent cooperatively, minimizing conflict for the children going forward.<\/p>\r\n

Uncontested Divorce vs. Contested Divorce<\/b><\/h2>\r\n

There are two types of divorce in Oklahoma: contested and uncontested.<\/p>\r\n

You will file an action seeking an uncontested divorce<\/a> if you and your spouse agree to the divorce terms. To qualify for an uncontested divorce, you must submit the following documents to the court:<\/p>\r\n