By Christie Nicholson, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed August 27, 2024
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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. These include residency requirements, waiting periods, and the grounds for divorce. Oklahoma is no different.
Like all other states, the state of Oklahoma recognizes no-fault divorce. 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.
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 if you have children or significant marital assets.
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.
In Oklahoma, divorce cases go through the family law division 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.
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.
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.
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.
There are two types of divorce in Oklahoma: contested and uncontested.
You will file an action seeking an uncontested divorce 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:
In cases with minor children, you also will submit:
An uncontested divorce will move through the courts more quickly. The judge will review all the documents submitted with your request. If they find your agreement is fair and, in the case of minor children, in the children's best interest, they will likely set the case for a short hearing and then issue a final divorce decree.
In a contested divorce case, the parties disagree about the divorce terms. These cases can take months or years to resolve. In most contested divorce cases, the spouses can't agree on:
In cases of substantial disputes over child custody or visitation, the court may appoint a guardian ad litem to make recommendations in the children's best interests.
Even if you file a contested divorce, your divorce attorney can negotiate a settlement with your spouse's lawyer. You may also resolve these issues through divorce mediation. If you don't settle, a contested trial will happen where each party calls witnesses and presents evidence. You may wait several months for the court's decision.
Most petitioners file a no-fault divorce. In these cases, you will certify that your marriage is broken and there's no chance of reconciliation. You don't have to cite any wrongdoing on the part of your spouse. In Oklahoma, the basis for the most common no-fault divorce is incompatibility.
Oklahoma also allows you to file a fault-based divorce. To do so, you must give specific grounds for divorce. Common fault-based grounds include adultery, extreme cruelty, and gross neglect of duty.
You must include your grounds for divorce in your petition. Oklahoma recognizes the following grounds for divorce:
No matter the grounds alleged, you must prove them in court for the court to grant a divorce. Where parties agree, this may be simpler. Where parties disagree, the party seeking the divorce needs to have evidence to prove that the other spouse engaged in the alleged behavior.
Oklahoma is not a community property state. This means that the Oklahoma courts divide your marital property using equitable distribution. They do not split the marital assets and debts 50/50. Instead, the family law judge will divide your property and debts as they deem fair.
Marital property includes any items of value you and your spouse get during the marriage. Some of the assets you must divide during the divorce proceedings include:
Your divorce lawyer can ideally negotiate a marital settlement agreement with your spouse's lawyer. If not, the judge will divide the property as they see fit after hearing or trial.
If you are seeking a quick reference to Oklahoma divorce law, see the below chart. See FindLaw's Divorce section for a variety of related articles and resources.
Relevant Oklahoma divorce laws |
Oklahoma statutes Title 43: Marriage and Family
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|---|---|
Residency requirements |
One party must have been resident of Oklahoma in good faith for six months before filing. |
Waiting period for remarriage |
In Oklahoma, there is a six-month waiting period after the date of your final divorce decree before you can re-marry another person in state. During the six-month waiting period, the only person you can re-marry is your former spouse. |
No-fault grounds for divorce |
Incompatibility |
Other grounds for divorce |
|
Note: State laws are always subject to change, most often through the passage of new legislation or precedent-setting opinions from higher courts. Be sure to contact an experienced divorce attorney or conduct legal research to verify the status of any Oklahoma state law(s) you are reviewing.
Deciding to file for divorce in Oklahoma is hard. Fighting about alimony, child custody, and division of property is emotionally draining. This is why it's a good idea to seek legal advice.
Your divorce attorney can learn what's important to you and will try to negotiate an agreement that protects your interests. Having a family law attorney by your side is also valuable throughout divorce proceedings for other reasons. They are familiar with the court rules and the family court judges. They can focus on the legal side of things so you can focus on moving forward.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.