How to File for Divorce in Oklahoma

Divorce can be an overwhelming and emotional point in your life. Understanding the basic legal steps of the Oklahoma divorce process can make it smoother and less stressful. Oklahoma requires that you file the divorce petition, notify your spouse, and choose how you will agree to separate your lives. This means dividing marital property, deciding who will have custody of any minor children, and whether one spouse will receive alimony.

Knowing the basic legal steps of the divorce proceeding will empower you to make informed decisions and help ensure that your rights are protected throughout the process. Whether you're facing an amicable split or a contentious separation, being well-versed in the legal framework can significantly ease the transition into this new chapter of your life.

Oklahoma divorce laws

Before you can file for divorce in Oklahoma, you must meet the residency requirements and understand the grounds for divorce. In Oklahoma, you can file for a no-fault or a fault-based divorce.

Residency requirements

In order to file for divorce in Oklahoma, either you or your spouse must be a resident of Oklahoma for at least six months. You may file in the District Court in the county where you have resided for at least 30 days or in the county where your spouse resides.

Grounds for divorce

Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Oklahoma, like most states, has what are commonly called no-fault grounds for divorce and several traditional fault-based grounds. 

To get a no-fault divorce in Oklahoma, you need to state in the Petition for Divorce that “the parties are incompatible.” In a no-fault divorce, there is no need to prove fault, which makes the process more efficient and cost-effective.

The fault-based grounds for divorce are as follows: 

• Abandonment for one year
• Adultery
• Impotence
• The wife was pregnant by another at the time of the marriage
• Extreme cruelty
• Fraud in connection with the marriage
• Habitual drunkenness
• Gross neglect of marital duty
• Imprisonment for a felony
• Confinement for incurable insanity
• Divorce in another state which does not release the party in Oklahoma of the obligations of marriage

However, in most cases, there is no reason to file for a fault-based divorce since they add complexity to the process by requiring proof. Fault-based divorces are less common and typically take quite a bit longer than no-fault divorces.

How to get a divorce in Oklahoma in 7 steps

Before filing for divorce in Oklahoma, it’s important to understand the difference between two types of divorce: contested and uncontested.

An uncontested divorce is one in which both spouses agree on the terms of the divorce. This type of divorce typically resolves much more quickly and costs less. In Oklahoma, this might also be called a waiver divorce.

A contested divorce is one in which you and your spouse don’t agree on the terms of the divorce. You might disagree on how to split your marital property or who will be the primary caretaker of your minor children. 

If you and your spouse disagree, you have some options to help you find agreement. Usually, you'd hire separate lawyers and then try to reach an agreement using a mediator, or, if that fails, submit your case for resolution by a court. Keep in mind that the more you and your spouse disagree, the divorce will inevitably cost more and take longer.

Whether your divorce is contested or uncontested, it will follow the same basic steps.

1. Consult a divorce attorney

In Oklahoma, it is not a requirement to work with a divorce attorney. If you think your divorce will be contentious and that you and your partner won’t agree on the terms, hiring an attorney can ensure that your rights are respected and that you get a fair deal in the settlement.

You can find and hire an experienced family law attorney in your area to help support you through this stressful process. 

2. Prepare divorce papers

After you’ve consulted with an attorney, your first step is to prepare your divorce papers. 

In Oklahoma, the divorce papers are not available online at the state level. You can get them from your local county courthouse or a local non-profit. The papers you prepare will look a little different depending on whether or not your divorce will be contested or uncontested.

You will need the following:

• Cover sheet
• Petition for divorce
• Proposed divorce decree
• Proposed custody decree (if you have a minor child)

3. File the petition

Once you’ve gathered and filled out the paperwork, it’s time to file your petition for divorce. You will submit your paperwork at your local county courthouse.

If you and your spouse are filing for an uncontested divorce together, you can also file an Entry of Appearance and Waiver form. This form states that you both are in agreement and that your spouse waives their right to a summons.

If you are filing separately from your spouse and expect a contested divorce, you must have the documents served to your spouse.

When you file your petition for divorce, you will need to pay a filing fee. This fee varies by county and can change from year to year. In Oklahoma, the filing fee ranges between $150 and $300. If you cannot afford this fee, you can request a fee waiver form. 

4. Serve divorce papers

If you and your spouse do not file your divorce petition together with a waiver, your next step will be to serve your spouse with divorce papers.

Serving your spouse with divorce papers is a way of notifying them of the divorce and delivering the divorce petition to them.

In Oklahoma, you cannot serve your spouse yourself. The server must be someone over the age of 18 who isn’t part of the divorce.

You have a few options:

• Hire a professional process server
• Request a sheriff or law enforcement officer deliver the paperwork
• Mail the paperwork via certified mail and request a return receipt

Once your spouse has been served, they have 20 days to file an answer with the court clerk. Once they file their answer, you have an additional 10 days to file a response if they have not agreed to the terms you set.

5. Financial disclosure

Once the divorce petition has been filed, Oklahoma has an automatic temporary injunction (ATI) in place. The ATI prohibits certain financial expenditures and changes. It also prohibits spouses from hiding children from each other.

The ATI also states that within 30 days of service, the parties must exchange certain documents and financial information with each other. There are penalties for hiding assets during the financial disclosure. Not abiding by the ATI will result in being in contempt of court.

6. Negotiate and settle

Before the divorce can be finalized, you and your spouse must come to an agreement on property division, child support and custody, and alimony.

If you filed for an uncontested divorce, you can skip this step and go to finalizing the divorce.

If you filed a contested divorce, this is the point in time where you and your spouse must negotiate with one another, hire a mediator, or allow your separate attorneys to mediate for you. In a contested divorce, a judge may request an initial hearing to understand what you and your spouse agree upon and don’t agree upon. This will establish a plan for going forward and resolving the divorce.

This negotiation period can take as long as it needs. The less you and your spouse agree, the longer this process will take and the more expensive it will be.

7. Court hearing and final judgment

Once you and your spouse have come to an agreement on the terms of the divorce, you can attend your final hearing and receive your Decree of Divorce. Once you receive this final divorce decree, you are officially divorced. 

Though the divorce process is completed, Oklahoma law prohibits someone from remarrying or cohabitating with someone else for six months. 

How much does a divorce cost in Oklahoma?

The base cost for a divorce in Oklahoma is the mandatory filing fee you’ll pay to begin the divorce process. The filing fee varies from county to county. It ranges between $150 and $300. If you cannot afford the filing fee, you can submit a Pauper’s Affidavit and request that the filing fee be waived. 

In addition to the filing fee, you may need to hire a mediator or lawyer to help resolve your case if you and your spouse are not in agreement on the terms of the divorce. The average cost of a divorce in the U.S. when working with an experienced family lawyer is $11,300.

Property division in OK

A divorce involves dividing property and debts between you and your spouse. Generally, each party will keep his or her separate property, which is property acquired (1) before marriage, or (2) after marriage by a party “in his or her own right.” 

All other property is marital property. Unless the parties reach an agreement on the division of property and debts, Oklahoma divorce law provides that the judge will decide the matter “in a just and reasonable manner.” The equitable distribution model means that marital property will be divided fairly. A fair distribution may not be an equal division. 

When deciding the division of marital property, a judge may assess:

• The length of marriage
• Age and health of each person
• Tax consequences of the distribution
• Value of the asset
• What each spouse contributed to the acquisition of the property
• Child custody
• Whether or not alimony will be awarded and how much

The judge may also refer the issue to mediation.

Alimony in Oklahoma

Alimony is referred to as separate maintenance in Oklahoma. Unlike most states, Oklahoma divorce law does not provide much in the way of guidelines. Oklahoma law says that separate maintenance may be awarded to either party “as may appear just and reasonable.” Alimony can be awarded as a single lump sum or payments over time. The judge may also refer the issue of separate maintenance to mediation.

Because of the limited legal guidelines, each request for alimony is reviewed on a case-by-case basis and the judge has wide discretion in awarding spousal support. A judge may consider:

• Proof that you need alimony
• The standard of living during the marriage
• Each spouse’s ability to earn money
• Time it will take each spouse to be able to earn money
• Each spouse’s current physical and financial condition

Alimony will likely be terminated if the receiving spouse remarries, but this isn’t definite. In specific cases, it can continue. If the spouse receiving alimony dies, the payments cease. 

Child custody and support in OK

If you and your spouse have any minor children, there will have to be a custody determination. This basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. Absent an agreement on custody, the court is directed to consider “what appears to be in the best interests of the physical and mental and moral welfare of the child.” 

Oklahoma child custody law provides extensive guidance in relation to visitation and grandparent visitation, but very little in relation to the determination of actual custody. This leaves much to the discretion of the judge. 

The few specific custody factors to be considered are scattered throughout the Oklahoma divorce laws, and include:

• Any false allegations of abuse or neglect by a party
• Any determination by the court that a party has committed domestic violence, stalking, or harassment directed at the other party
• The wishes of the child, if the court determines the child is of a sufficient age to form an intelligent preference
• Which party is more likely to allow frequent and continuing contact between the child and the other party and
• If the party seeking legal custody might be a danger to the child, such as being a sex offender, addict, or convicted of crimes against children

If either or both parents request joint custody, they must file a proposed parenting plan, outlining the living arrangements for the child, child support, medical and dental care, school placement, and visitation rights. They may file a joint parenting plan or separate plans.

Child support in Oklahoma

In addition to child custody, a determination must be made around child support. This is a payment from one parent to the other specifically for the care of the child. Child support continues until the child reaches the age of 18. However, if the child has not graduated from high school, support may be continued until the age of 20 or graduation from high school or an alternative high school education program, whichever occurs first.

Oklahoma courts use a formula to estimate the cost of raising a child and evaluates that against the income of each parent. A helpful tool to estimate child support can be found from Oklahoma Human Services.

FAQs

How long does a divorce take in Oklahoma?

The time it takes to complete the divorce depends upon how complicated your divorce is. If you’re filing for an uncontested divorce and don’t have minor children, there’s only a 10-day waiting period.

If you have minor children, there’s a required 90-day waiting period from the day your summons is served to your spouse.

A divorce may take longer than 90 days if it is contested and the spouses cannot come to an agreement quickly.

Can I file for divorce online in Oklahoma?

No, you will need to submit your forms in person at your local county courthouse. You may be able to find some forms online to print and fill out, but most are not available online.

Do I need a lawyer to file for divorce in Oklahoma? 

Oklahoma does not require you to hire a lawyer for your divorce. However, a lawyer can offer you benefits by representing your best interest and ensuring you get a fair divorce settlement.

If you cannot afford to hire an attorney but want to work with one, you may be able to find free legal aid services in Oklahoma.

How do I get a legal name change after divorce in OK?

If your name was changed for your marriage, you can restore your former name during the divorce process.

Edward A. Haman, Esq., contributed to this article.