By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 10, 2023
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Married spouses may petition the court for a legal dissolution of their marriage (most commonly called divorce). Oklahoma state divorce laws determine the legal requirements for obtaining a divorce, such as residency requirements, waiting periods, and the grounds for divorce.
All states now allow some form of "no-fault" divorce, in which neither party must claim the other spouse was at fault. However, a spouse still may claim fault on other grounds under some state laws, such as adultery or alcohol abuse (which could come into play during a child custody hearing, where applicable).
This article provides a brief overview of divorce laws in the state of Oklahoma.
In order for a court to grant a divorce in the state of Oklahoma, at least one of the parties must have been a state resident for at least six months. Oklahoma statute also states that any party who marries within six months of the finalization of the divorce can be charged with bigamy and that any party who cohabitates within 30 days of the divorce may be considered guilty of adultery (not a crime, but important when deciding divorce-related matters).
The main provisions of Oklahoma divorce law are listed in the chart below. See FindLaw's Divorce section for a variety of related articles and resources.
Code Section |
§ 101 et seq. of the Oklahoma Statutes |
|---|---|
Residency Requirements |
One party must have been resident in good faith for six months before filing. |
Waiting Period |
In no-fault divorces with children, the court cannot finalize the divorce for at least 90 days after the respondent is served |
'No-Fault' Grounds for Divorce |
Incompatibility |
Defenses to a Divorce Filing |
- |
Other Grounds for Divorce |
Adultery; cruelty or violence; abandonment/desertion (for one year prior); alcohol addiction; impotency; insanity (for five years prior); pregnant at the time of marriage (not by husband); conviction of a felony; fraudulent contract; procuring divorce out of state not releasing one party; gross neglect of duty |
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 Oklahoma divorce attorney or conduct your own legal research to verify the state law(s) you are researching.
Divorce, child custody, and spousal support are a few of the many things you'll have to think about as you plan your divorce in Oklahoma. While you begin to sort through everything, you'll likely have questions and may benefit from having a representative in your corner.
That's why it is a good idea to speak with an Oklahoma divorce attorney today.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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