To get a divorce in Oklahoma, follow these key steps: 1. Meet Residency Requirements
- You or your spouse must have lived in Oklahoma for at least six months before filing.
- You must file in the county where one spouse has lived for at least 30 days.
- If children are involved, residency in the county for 30 days and in the state for 90 days is required
2. Determine Grounds for Divorce
- Oklahoma allows both no-fault and fault-based divorces.
- No-fault divorce can be granted on the grounds of "incompatibility" without proving fault.
- Fault grounds include abandonment for one year, adultery, extreme cruelty, habitual drunkenness, imprisonment, insanity, and others
3. Prepare and File Divorce Papers
- Obtain necessary documents such as the Petition for Divorce, cover sheet, summons, and proposed divorce decree.
- File these at the local county courthouse.
- Pay the filing fee (typically between $150 and $300, varying by county).
- Your spouse must be served with the divorce papers unless they waive service in uncontested cases
4. Resolve Issues
- If uncontested, submit agreements on property division, child custody, support, and parenting plans.
- If contested, mediation or trial may be necessary to resolve disputes
5. Final Hearing and Divorce Decree
- A judge reviews the case and issues a final divorce decree.
- There is a mandatory waiting period of 90 days after filing before the divorce can be finalized, which can sometimes be waived if both parties agree
6. Post-Divorce Restrictions
- After the divorce, neither spouse can remarry or cohabit with another person for six months
Hiring an attorney is not mandatory but recommended, especially if the divorce is contested or children are involved, to ensure rights and interests are protected
. This process ensures compliance with Oklahoma law and helps facilitate the legal dissolution of marriage in the state.
