How to Get a Divorce in Oklahoma: The Process From Start to Finish

How Do You Get a Divorce in Oklahoma?

To get a divorce in Oklahoma, at least one spouse must meet the state’s residency requirements, file a Petition for Dissolution of Marriage in the appropriate county, formally serve the other spouse, and resolve issues like property division, custody, and support before the court enters a final Decree of Divorce.

Divorce serves two main purposes: ending the marital relationship and establishing a fair division of assets and debts. If you’re considering how to get a divorce in Oklahoma, you’re likely experiencing a range of emotions while also beginning to think about the practical changes divorce can bring to your day-to-day life.

For example, if you’ve been married for a significant amount of time and one spouse is unable to support themselves after the divorce, the issue of alimony may arise. If there are minor children involved, you’ll also need to resolve matters such as child custody and child support.

Making large, life-changing decisions during an emotional time can feel overwhelming. In this blog, we’ll walk through how to file a divorce in Oklahoma and highlight some of the key elements of the process.

Reasons for Divorce

Oklahoma is one of the few states that still allows both fault-based and no-fault grounds for divorce (also known as a dissolution of marriage). Most couples choose a no-fault divorce in Oklahoma, but the law does allow spouses to file on certain fault-based grounds.

These include: 

• Abandonment (1 year or more)
• Adultery
• Impotency
• Habitual drunkenness
• Infidelity that results in pregnancy
• Fraudulent contract
• Extreme cruelty
• Gross neglect of duty (failing to provide financially)
• Imprisonment for convicted felony
• Insanity (5 years or more)

Residency Requirements

The most common type of divorce in Oklahoma is a no-fault divorce, which is granted on the grounds of incompatibility or irreconcilable differences. In other words, it allows you to file without going into detail about why the relationship didn’t work.

Before filing for divorce in Oklahoma, you must meet the state’s residency requirements. At least one spouse must have lived in Oklahoma for six months or more, and one spouse must continue to live in the county where the divorce will be filed for at least 30 days.

Keep in mind that Oklahoma has unique waiting periods for family law cases involving divorce. If you have minor children, the court generally will not grant your final divorce until at least three months from the date you file for divorce. However, this waiting period can sometimes be waived for good cause or if both parties agree.

The Process of Filing Divorce

If you and your spouse meet the requirements, one of you (the petitioner) may begin filing for divorce in Oklahoma by submitting a petition to the District Court in the county where either spouse resides. This is the first step in how to file for divorce in the state.

The filing is typically accompanied by an affidavit and notice of summons, which must then be “served” on the other spouse (the respondent). This can be done by hand delivery, certified mail, or by hiring a private process server to deliver the documents in person.

If you have minor children, the petition must also include their names and information about where they have lived for the five years preceding the divorce.

Once served, the respondent signs documentation acknowledging they received the papers. The case will proceed in the district court where either spouse resides, as long as the 30-day county residency requirement has been met.

The Decree of Divorce

After filing for divorce in Oklahoma and serving the other spouse, the parties must resolve the issues involved in ending the marriage before the court can finalize the divorce. This may include dividing marital property and debts, determining custody and visitation schedules, and establishing child support or alimony when applicable.

In many cases, spouses are able to reach agreements on these issues through discussion between the parties or with the help of their attorneys. If disagreements remain, the court may schedule hearings or require mediation to help resolve them.

Once the parties reach an agreement, or the court makes decisions on any remaining issues, the terms are presented to a judge. If everything is in order and the required waiting period has passed, the judge will enter a final Decree of Divorce, which officially ends the marriage and outlines the terms of the divorce in Oklahoma.

If you do not have minor children, a no-fault divorce may be finalized in as little as two weeks. However, if children are involved or disputes must be resolved, the process may take several months or longer depending on the complexity of the case.

Typically, a decree of divorce is not considered fully final for six months, or until appeals have concluded.

Remarriage

After a divorce, the two parties may not remarry in the State of Oklahoma within six months of the granted date of the decree.

In Summary

If you and your spouse need help filing for divorce in Oklahoma, working with an experienced attorney can help ensure the paperwork is handled correctly and that your rights and interests are protected throughout the process.

. If you have any questions or would like to learn more about the process, reach out to our trusted team of attorneys today at (405) 701-5355.

Unsure Whether Divorce is Right for You?

Ending a marriage is never an easy decision. In this free checklist, we address four problem-solving areas and include 30 questions for you and your spouse to consider before filing. Download the guide now.