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.
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.
Oklahoma recognizes both no-fault and fault-based grounds for divorce.
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.
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.
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).
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.
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:
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 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.
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.
There are many updates or changes you might need to make once your divorce is final. They include: