If you want a divorce in Oklahoma, it’s essential to understand the requirements. Oklahoma divorce laws are similar to other states, but the Sooner state still allows for fault-based and no-fault divorces. Generally, fault-based divorces are more complicated, time-consuming and expensive than no-fault divorces.
Read on to learn all the specific steps to take to secure the end of your marriage in an Oklahoma divorce. If it all seems overwhelming, you can always find an Oklahoma divorce lawyer to help you navigate the process.
Overview of Oklahoma Divorce Laws
As mentioned above, Oklahoma divorce laws allow for fault-based and no-fault divorce.
All divorces in Oklahoma must include grounds for divorce—depending on how the non-filing spouse responds, the divorce will either be contested or uncontested. If the couple can agree on everything from the grounds to the division of property to custody and child support (if applicable), the divorce will be uncontested.
If, on the other hand, there are areas where both parties can’t agree, the divorce is contested and will require mediation and, potentially, a trial.
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How to File for Divorce in Oklahoma
In order to file for divorce in Oklahoma you must comply with residency requirements, have grounds for the divorce, meet the filing requirements, agree on as many issues as possible and, finally, resolve any outstanding issues through mediation or trial.
Residency Requirements for Oklahoma Divorce
In order to even file for a divorce in Oklahoma, one spouse must have lived in Oklahoma for at least six months. There is one exception—if the grounds for the divorce is insanity and the non-filing spouse lives in an institution outside of Oklahoma, the other spouse must have lived in Oklahoma for at least five years before filing.
Grounds for Divorce in Oklahoma
Oklahoma allows for both no-fault and fault-based divorces. The difference comes down to whether the court will require one spouse to show that the marriage is ending because of the other spouses’ behavior.
No-Fault Grounds for Divorce in Oklahoma
You can expect a no-fault divorce in Oklahoma to be resolved much more quickly than a fault-based divorce. This is because neither party has to argue about or prove who was responsible for the divorce. Oklahoma courts will grant a no-fault divorce if one spouse claims the couple was incompatible.
Note that if you and your spouse have a child under the age of 18, you will both be required to attend a class on the impact of divorce on children.
Fault Grounds for Divorce in Oklahoma
In Oklahoma fault-based divorce, one or both spouses will present evidence to prove to the court that the other party caused the divorce by committing any of the following acts:
- abandonment for at least one year
- adultery
- impotence
- extreme cruelty
- habitual drunkenness
- fraudulent contract—usually meaning that one spouse was tricked into the marriage, most often by the other spouse lying about being previously (or even currently) married.
- gross neglect of duty—in divorce, this usually means failure to support the family but can mean a failure to fulfill any obligation of the marriage.
- the wife at the time of marriage was pregnant by someone other than the husband
- imprisonment of the other spouse in a state or federal penal institution for the commission of a felony at the time the petition is filed
- the procurement of a final divorce decree outside of Oklahoma which doesn’t release the other spouse from the obligations of the marriage under Oklahoma law, and
- insanity for five years—this ground requires that the insane spouse be institutionalized for at least five years and that three doctors (one of which must be the superintendent of the institution where the spouse is institutionalized) examine the spouse. Two of the three doctors must find that recovery is unlikely. Even if divorce is granted on grounds of insanity, the filing spouse may still be required to provide for the other’s financial support.
No-fault divorces for incompatibility are much more common than fault-based divorces in Oklahoma, and most of the fault-based grounds listed above are infrequently used.
Filing Requirements for Oklahoma Divorce
Oklahoma does not make divorce documents available at the state level, but local nonprofits or your local clerk of court can help you get the right documents if you are representing yourself. An Oklahoma divorce lawyer will handle filing for you if you decide to hire an attorney.
You file documents with the courthouse and have them delivered to your spouse unless you’re filing for an uncontested divorce and your spouse signs a waiver of service. Since many uncontested divorces are filed by both spouses and a waiver is common, uncontested divorces are known as waiver divorces in Oklahoma.
Documents required to file for a divorce are a cover sheet, a petition for divorce and a summons. If you and your spouse have already reached a settlement and the divorce is uncontested you will need to include an entry of appearance and waiver and proposed divorce decree and custody plan.
You will need to pay a filing fee, which can vary by county and can change each year. The filing fee for Oklahoma county in 2022 was $252.14. In addition, you will have to have your spouse served unless service was waived—this can require an additional fee and must be done by a process server, a law enforcement officer or by certified mail, return receipt requested.
Resolving the Issues and Dissolving the Marriage
If the divorce is uncontested, you and your spouse can submit the following documents to the court:
- A marital settlement agreement
- A parenting plan and schedule of visitation (if applicable)
- Financial affidavits from both parties
- A child support worksheet and custody schedule (if applicable)
The judge will review these documents and schedule a final hearing at least 90 days after the initial filing. If both spouses agree, the 90 day waiting period can be skipped.
In a contested divorce, the judge will require an initial hearing to determine what issues, if any, the parties agree on. This hearing will also establish the plan for the trial. The judge may order mediation and an additional hearing before setting the final trial date. You can expect a contested divorce to take much longer to resolve than an uncontested divorce.
Regardless of how long it takes, after the final divorce is granted, both spouses are forbidden to remarry for at least six months.
Legal Separation: an Alternative to Oklahoma Divorce
In Oklahoma, a couple can remain legally married while living apart and having separate financial lives. This is called a legal separation.
There is no residency requirement for filing for a legal separation in Oklahoma. A spouse seeking a legal separation has to file a petition for legal separation with the court as well as a supporting affidavit.
Dividing Property in Oklahoma Divorce
All assets acquired during the marriage are presumed to be marital property (and thus divisible in the divorce) unless the spouses can prove otherwise. Oklahoma courts use the equitable distribution model to determine division of marital assets in divorce proceedings. This means that the court will attempt to divide property fairly. A fair distribution may not be an even distribution—this is the difference between equal and equitable.
For example, if one spouse was a stay-at-home parent, the court might award more than half the assets to that spouse. The other spouse would likely have greater earning power and less need if the children would be primarily remaining with the stay-at-home parent, after all.
Oklahoma courts will honor agreements between spouses regarding distribution of property, even if the court would have divided the property differently.
Courts will consider the following factors in reaching a distribution of property that they deem fair and equitable:
- Length of marriage
- Age and health of each spouse
- Liabilities and tax consequences
- The fair value of the asset
- Any increase or decrease in value during the marriage
- How much either spouse contributed to its acquisition
- The financial situation of both spouses
- Custody of children
- Alimony allocation
Alimony in Oklahoma
Oklahoma has a very straightforward test for determining if alimony (also known as spousal support) is appropriate—if there’s a need for support arising from the marriage and the other party can pay the support, alimony is appropriate.
Courts in Oklahoma have focused on the “arising from the marriage” language. For example, if one spouse stayed home and kept the house and children to allow the other to focus on their education and career. There is no set rule on how alimony is determined in Oklahoma. Each court has wide discretion and the amount and terms of any support are determined on a case-by-case basis.
Alimony will terminate, however, if either party dies or if the recipient remarries. The recipient can, however, file with the court for support payments to continue even after remarriage if they can show that the need remains and continued payments would be fair.
Oklahoma Child Support and Custody Law
Child support and custody matters in Oklahoma are settled based on the best interest of the child.
Child Support
Oklahoma uses a statutory formula based on the estimated cost of raising children, the amount of income earned by each parent, the custody arrangement and the number of children both between the parents and outside of the relationship.
The actual amounts can vary widely depending on the factors at work in each case, but a general overview and calculators that can help estimate child support in specific cases can be found at the Oklahoma Human Services website.
Custody and Visitation
In a divorce proceeding in Oklahoma, the court must decide on the physical and legal custody of the children. Physical custody is the actual physical possession of the child—where the child lives, on a day-to-day basis. Legal custody is the right to make decisions for the child such as where the child goes to school or what treatment option is appropriate for a child’s medical needs.
Oklahoma allows for sole or joint custody—both legal and physical. In fact, courts in OK will often award “custody” to one or both parents without specifying which kind. In that case, it means both physical and legal custody.
It is possible, in Oklahoma, for custody to be given to a nonparent. This is rare, however, and the nonparent would have to demonstrate to the court that neither parent is fit while also showing that they represent a better option. Pursuing custody as a nonparent can be extremely challenging and it’s best to work with an experienced Oklahoma family law attorney to have the best chance at success.
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Frequently Asked Questions (FAQs)
How long do you have to be separated to get a divorce in Oklahoma?
The law requires a waiting period of at least 90 days between the initial filing and the hearing where a divorce can be granted if there are children and 10 days if no children. The hearing can be waived in uncontested divorces, but only when there are no minor children.
There is no separation period required before filing for divorce, however.
It’s worth remembering that, even after a divorce, Oklahoma requires a six-month wait before either party can get remarried.
Can I date while going through an Oklahoma divorce?
Dating while your divorce is ongoing in Oklahoma is not a great idea. OK is one of the remaining states with criminal penalties for adultery still on the books—in fact, it’s a felony punishable by up to five years in prison.
The law isn’t used much anymore, but it’s still the law of the land.
It’s unlikely that a court would punish you in the divorce proceeding itself for dating, but courts in Oklahoma have a lot of discretion. If dating is important, consider a legal separation while the divorce is pending.
How long do I have to pay alimony in Oklahoma?
Oklahoma alimony is extremely flexible.
Courts have wide discretion in determining if spousal support is appropriate and, if so, how much and for how long. As such, there are no concrete rules. You will have to pay alimony for as long as the court decides—it’s even possible that you will have to keep paying after your ex remarries.
