Everything to Know About Divorce in Oklahoma
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
If you're navigating a divorce in Oklahoma, it's crucial to be informed about the legal procedures and requirements. This guide provides an overview to assist you through the process.
Prerequisites
Residency requirements
To file for divorce in Oklahoma, at least one spouse must have been a resident of the state for six months and a resident of the county where the divorce is filed for at least 30 days prior to filing.
Grounds for divorce
Oklahoma recognizes both no-fault and fault-based grounds for divorce.
- No-fault: Incompatibility leading to the breakdown of the marriage. Usually a simpler process.
- Fault-based: Includes adultery, abandonment, extreme cruelty, habitual drunkenness, and conviction of a felony. May require evidence of the grounds.
Waiting period & separation
While there are no waiting periods or separation requirements before filing for divorce, you must wait 90 days from the initial filing to get your divorce if you have children; 10 days if you do not—but keep in mind that it may take longer to finalize your divorce unless it’s super simple.
How to file for divorce in Oklahoma
- Determine the appropriate court: File in the District Court of the county where either spouse resides.
- Complete the required forms: Petition for Dissolution of Marriage, Summons, Domestic Relations Cover Sheet, Financial Affidavit and a Parenting Plan (if children are involved). Click the link on “required forms” to access these documents.
- File the forms: Submit the completed forms to the court clerk and pay the filing fee (or submit a fee waiver if you qualify for limited finance status, “Pauper’s Affidavit”).
- Serve the other party: Ensure the other spouse is formally served with the divorce papers in an approved method.
- Attend court hearings: Participate in any required hearings or mediation sessions.
Cost of divorce & filing fees
- Filing fee: Ranges from $150 to $300, depending on the county.
- Fee waivers: Available for individuals who cannot afford the fees.
- Other costs include legal and other professional services, assistance with serving or filing, etc. Lawyers and court appearances can rack up costs quickly.
Property, assets & debt division
Oklahoma follows the principle of equitable distribution, meaning marital property and debts are divided fairly, though not necessarily equally. Factors considered include the duration of the marriage, age and health of both parties, earning ability, and contributions to the marriage.
Spousal support (alimony)
In Oklahoma, the length of alimony payments is decided by a family court judge. While there’s no set formula, a common guideline is one year of alimony for every three years of marriage—though judges aren’t required to follow this.
Alimony can end early if the receiving spouse remarries or begins cohabiting with a new partner.
In some cases, especially after long marriages, permanent alimony may be awarded if needed to sustain a similar lifestyle as in the marriage (and that spouse is unable to be financially independent).
Child support & custody
Custody
Parental custody is determined based on the best interests of the child, considering factors like the child's relationship with each parent, the child's adjustment to home and school, and the mental and physical health of all individuals involved.
Support
Child support is calculated using the Oklahoma Child Support Guidelines, which consider both parents' incomes and the needs of the child. You can estimate your child support with Oklahoma’s official Child Support Calculator.
The trial court considers three factors in setting support:
- The child's actual needs,
- The parent's ability to pay
- The child's prior standard of living. Base child support is divided based on what percentage of the combined income each parent contributes.
Military divorce
Military divorces follow the same procedures as civilian divorces but must also comply with federal laws like the Servicemembers Civil Relief Act (SCRA), which can delay timelines and proceedings.
Legal separation and annulment
Legal separation is an option that allows couples to live separately without ending the marriage permanently and completely.
Annulment declares the marriage null and void, as if it never occurred, based on specific legal grounds.
E-filing
Oklahoma offers electronic filing through the Oklahoma Supreme Court's e-filing system. Check with your local court for availability, as it may not be available in every area of the state.
After divorce: steps to take
There are many updates or changes you might need to make once your divorce is final. They include:
- Updating personal records (e.g., Social Security, driver's license).
- Revising estate planning documents.
- Adjusting or beginning new insurance policies and beneficiaries.
- Implementing the parenting plan and child support arrangements.
