Oklahoma Divorce Laws

Divorce in Oklahoma

In Oklahoma, couples can choose between two forms of divorce: no-fault and fault-based. A fault-based divorce requires one spouse to prove that their partner’s behavior is the cause of the marriage’s dissolution. Conversely, a no-fault divorce does not require any such proof. As such, it tends to be quicker and more straightforward than its fault-based counterpart. When considering which type of divorce to pursue, it is important to understand the differences between the two and make an informed decision.

Oklahoma Divorce Requirements

Oklahoma requires that individuals applying for Oklahoma divorces be state residents. The state also requires that state residents be within the state for a minimum of six months prior to divorce petitioning.

Those who are stationed in Oklahoma for the United States military are considered state residents after six months and may then petition for divorce. Both spouses are not required to be state residents, but a divorce petition must be entered into the county court where the state resident resides.

If both individuals are state residents but live in different counties, either spouse may petition for divorce in either county.

Filing with the Court in Oklahoma

You must file your Oklahoma divorce papers in the court located in the County where you presently reside. We will provide the court information in the documents that we send to you, but some of the courts in Oklahoma are listed below:

• Tulsa County Courthouse:
  500 S. Denver Avenue, Tulsa, OK 74103
• Oklahoma County Courthouse:
  321 Park Avenue, Oklahoma City, OK 73102

If your County court is not listed, the information for your court will be included in the divorce papers we send you.

Grounds for Divorce

Upon divorce petitioning in Oklahoma, as well as other states, individuals must state the reasons for requesting a divorce. These reasons are called the grounds for divorce. The grounds for which a couple files must be legal in the state of Oklahoma.

Not all states have the same grounds for divorce, and even neighboring states will have different lawful grounds. Individuals may agree upon which divorce grounds they are filing or one individual may present grounds during filing and will need to prove those grounds before the court.

Oklahoma has two sets of grounds on which it finds legal reasoning for divorce. The first of these grounds cites no individual solely responsible for the divorce petitioning. This is called No-Fault grounds where a divorce can be granted due to incompatibility. Often times individuals have entered into counseling prior to filing for a divorce on the grounds of incompatibility.

The second set of grounds in Oklahoma states that one individual is responsible for the divorce petitioning. These are called Fault grounds and include reasons of impotency of either individual, adultery of either individual, abandonment of one individual to the other for a minimum of one year, pregnancy by another man during the marriage, imprisonment of either individual to a federal or state institution for a felony conviction, neglect of marital duties by either individual, fraudulent contract, extreme cruelty of either individual, habitual drunken behavior by either individual or reasons of insanity for a minimum of five years.

Oklahoma Divorce Documents

Each divorce case has different circumstances and thus can include various amounts of paperwork and documentation. In some cases, these documents can reach nearly two dozen different documents.

For instance, if children are present and custody must be decided more paperwork is required than if no children were present. The marriage’s length can also increase document numbers. Some of these documents can include a Petition for Divorce and Decree of Divorce form, a Declaration Under the Uniform Child Custody Jurisdiction Act form, a Domestic Relations Cover Sheet, a Marital Settlement Agreement form, a Verification form, and a Notice of Final Hearing form.

Distributing Property

The state of Oklahoma is considered an equitable distribution state where all the property acquired during the marriage is to be split fairly instead of equally. Any property that was obtained prior to the marriage shall be kept by that individual. If the individuals cannot decide who shall possess which form of property the court will award the property.

FAQs

Frequently asked questions regarding divorce laws in Oklahoma typically revolve around several key aspects. Here are some commonly asked questions and their corresponding answers:

What are the Grounds for Divorce in Oklahoma?

Oklahoma allows both no-fault and fault-based grounds for divorce. No-fault grounds generally include incompatibility while living separately for a specified period. Fault-based grounds might involve adultery, abandonment, cruelty, imprisonment, or substance abuse.

How Long Does it Take to Get a Divorce in Oklahoma?

The time frame for finalizing a divorce in Oklahoma can vary based on court schedules, the complexity of the case, and whether the divorce is contested or uncontested. Typically, it can take several months to around a year.

How Is Property Divided in a Divorce in Oklahoma?

Oklahoma follows the principle of equitable distribution. Marital property and debts are divided fairly, though not necessarily equally, based on factors such as the length of the marriage, each spouse’s financial situation, and their contributions during the marriage.

Does Oklahoma Have Alimony (Spousal Support)?

Yes, Oklahoma allows for spousal support. The court may award temporary or long-term support based on factors such as the duration of the marriage, each spouse’s financial situation, and their contributions during the marriage.

How Does Oklahoma Handle Child Custody and Support?

Child custody decisions prioritize the best interests of the child. Oklahoma courts consider various factors including the child’s relationship with each parent, the parents’ ability to provide for the child, and the child’s wishes (if they’re of sufficient age). Child support is determined using the Oklahoma Child Support Guidelines.

Do We Need to Go to Court for a Divorce in Oklahoma?

If both parties can agree on all terms of the divorce, they might not need to go to court. Uncontested divorces can often be settled through paperwork and negotiation outside of court. However, if disputes persist, a court appearance might be necessary.

Can I Modify a Divorce Decree in Oklahoma?

Modifications to child support, child custody, or spousal support are possible under certain circumstances if there’s a substantial change in circumstances. Legal procedures are typically required for modifications.

These questions address common concerns individuals have when navigating divorce in Oklahoma. However, specific situations can differ, so seeking legal counsel is advisable to address individual circumstances and receive accurate guidance throughout the divorce process.