Cecily Zamora
Oklahoma divorce laws are complex, and while they vary by state, there are some basic steps to follow to obtain a divorce. First, you or your spouse must meet the residency requirements of the state. Second, you must have grounds (a legally acceptable reason) to end your marriage. Third, you must file the appropriate divorce papers and have copies sent to your spouse. If your spouse disagrees with anything in the divorce papers, they will have the opportunity to file papers expressing their opinion. In most instances, you will have to go to court at least once. Oklahoma allows for both fault-based and no-fault divorces, with the vast majority of divorces being granted on a no-fault basis, most commonly incompatibility.
| Characteristics | Values |
|---|---|
| Grounds for divorce | Adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart, insanity, incompatibility, and others |
| Residency requirements | Resident of Oklahoma for six months before filing for divorce; if filing for divorce based on insanity, the spouse filing must be a resident of Oklahoma for at least five years |
| Divorce process | File divorce papers, have copies sent to spouse, attend court, gather information from third parties, negotiate settlement, attend parenting class if required |
| Types of divorce | Fault-based, no-fault, uncontested ("waiver" divorce) |
| Division of property | Separate property (owned before marriage) and marital property (acquired during marriage) |
| Child custody | Physical custody (right to have the child live with the parent) and legal custody (right to make decisions about the child's upbringing) |
| Child support | Money paid by one parent to the other for the benefit of the child |
| Alimony/maintenance | Financial support paid by one spouse to the other, either as a lump sum or in installments |
| Name change | Oklahoma allows a woman to resume her maiden name after divorce |
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What You'll Learn
Residency requirements
To file for divorce in Oklahoma, you or your spouse must meet the state's residency requirements. These are that either party must have been a resident of any United States army post or military reservation within Oklahoma for the six months immediately preceding the filing of the petition. The only exception to this rule is if you are filing for divorce on the grounds of insanity, in which case, either spouse must be institutionalised within the state for at least five years. If one spouse is institutionalised outside of Oklahoma, the spouse filing for divorce must be a resident of Oklahoma for at least five years before filing.
Once residency and grounds for divorce have been established, the next steps are to file the appropriate divorce papers and have copies sent to your spouse. If your spouse disagrees with anything in the divorce papers, they will have the opportunity to file papers expressing their side. If there are any property, assets, pensions, debts, or other issues that need to be divided, these will need to be dealt with during the divorce proceedings. Custody and child support may also be decided as part of the divorce.
Oklahoma has a 10-day waiting period before a divorce without minor children can be granted, and a 90-day waiting period for divorces involving minor children. During this time, divorcing parties with children are required to take a specific child custody class.
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Grounds for divorce
To obtain a divorce in Oklahoma, you must have "grounds" or a legally acceptable reason to end your marriage. Oklahoma allows for both fault-based and no-fault divorces. In most cases, you will have to go to court at least once.
No-fault divorces are granted when both parties agree that the marriage is beyond repair. Incompatibility is the most common ground for no-fault divorce, and it is the easiest way to get a divorce granted by a judge. Other no-fault grounds include living apart and the inability to reconcile.
Fault-based divorces are more complicated, time-consuming, and expensive. Grounds for a fault-based divorce include adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, and insanity. To prove fault in Oklahoma, evidence must be presented to the court. For example, in the case of adultery, evidence must be provided to establish that the opposing party has committed adultery. In the case of insanity, the spouse must have been institutionalized for at least five years, and at least two out of three doctors must agree that the spouse has a poor chance of recovery. It is important to note that even if a divorce is granted on the grounds of insanity, the filing spouse may still be required to provide financial support to the insane spouse.
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Division of property and assets
The division of property and assets is one of the most complex and important aspects of any divorce. Oklahoma law splits property into two categories: separate and marital. Generally, separate property is any property acquired outside or before the marriage and is not subject to division in a divorce. This includes assets and debts owed by each party before the marriage, as well as compensation payouts, inheritances, and gifts. Marital property, on the other hand, refers to assets and debts acquired by either spouse during the marriage and is subject to division. This can include the family home, cars, cash, investments, and personal property such as furniture or jewellery.
Oklahoma is not a "community property" state, which means that judges do not divide a couple's property equally. Instead, Oklahoma follows the principle of ""equitable distribution", where judges divide property and allocate debts based on what is fair under the circumstances of each case. There is no exact formula for this, and judges have a lot of latitude in determining valuation dates and how to divide property. They will consider various factors, including the length of the marriage, the age and health of each spouse, their income and earning capacity, their contributions to the acquisition of marital property (including non-financial contributions), and their needs.
It is important to note that if you and your spouse cannot agree on the value of any particular asset, a judge may have to decide for you based on the evidence provided. Therefore, it is highly recommended to hire an attorney to represent you and advise you on property division, as they will have a thorough understanding of the state's laws and can ensure your rights are protected. They will work with financial experts to ensure that all assets are accurately valued, which is essential for a fair and equitable distribution.
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Child custody and support
Oklahoma law recognises two types of custody: physical and legal custody. Physical custody refers to the child's living arrangements and is often discussed in terms of \"overnights\" with each parent. Legal custody, on the other hand, grants a parent the right to make crucial decisions regarding the child's daycare, education, religion, and medical care. It's important to note that legal custody does not always correspond directly to physical custody.
Child support is another essential consideration in divorce cases. It involves one parent providing financial support to the other parent for the benefit of the minor child. Child support payments are typically ordered by the court and are separate from spousal maintenance or alimony.
During divorce and child custody proceedings, an Oklahoma judge may require the parties to attend mediation to resolve disputes. However, in cases involving domestic violence, mediation may not be mandatory, especially if there is an imbalance of power between the parties.
Oklahoma imposes a 90-day waiting period for divorces involving minor children. Additionally, both parents are required to attend a specific child custody class mandated by Oklahoma law. This class aims to educate and support parents as they navigate the complexities of divorce and child custody.
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Hiring an attorney
Oklahoma divorce laws are complex, and while it is not necessary to hire an attorney, it is recommended, especially if your divorce is not amicable. An attorney will be able to help you navigate the process and ensure that you meet all the requirements.
Divorce lawyers in Oklahoma can be hired privately, or you can seek free legal help from organisations such as Legal Aid Services of Oklahoma. This organisation provides free legal help and resources to those who cannot afford an attorney.
When hiring an attorney, it is important to find someone who specialises in divorce and family law. They will be able to help you with the specific requirements of divorce in Oklahoma, such as residency requirements, and the grounds for divorce. They will also be able to help you with the discovery process, which is when both sides gather information from a third party.
If you have children, an attorney can help you with the specific requirements regarding child custody, visitation, and support. They can also help you with the required parenting class if your divorce is on the grounds of incompatibility and you have a minor child.
Additionally, an attorney will be able to help you with the division of property, assets, pensions, debts, and any other financial matters that need to be resolved during the divorce. This includes issues such as alimony and child support.
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Frequently asked questions
Grounds are legally acceptable reasons for divorce. You can get a divorce in Oklahoma without claiming that your spouse is at fault for reasons of “incompatibility”. However, a judge can grant a fault-based divorce for reasons including adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, and living apart.
You or your spouse must be a resident of Oklahoma for at least six months before filing for divorce. If filing for divorce based on the ground of insanity, the spouse filing for divorce must be a resident of Oklahoma for at least five years.
You will need to file a cover sheet, a petition for divorce, and a summons with the courthouse and have them delivered to your spouse. If you are filing for an uncontested divorce, your spouse can sign a waiver of service. If you have already reached a settlement, you will also need to include an entry of appearance and waiver and a proposed divorce decree and custody plan.
