If you’re needing to file for divorce, it can feel overwhelming, especially if you’ve never been through the process before. Oklahoma has specific laws and procedures that cover the handling of divorces, whether they are contested or uncontested. Understanding these steps can help you prepare and reduce some of the stress during an already difficult time.
Residency Requirements
Before you can file for divorce in Oklahoma, either you or your spouse must meet the state’s residency rules. One of you must have:
- Lived in Oklahoma for at least six months before filing; and
- Resided in the county where you plan to file for at least 30 days.
If you don’t meet these requirements, you may need to wait or file where you do meet residency rules.
Choosing Grounds for Divorce
Oklahoma allows for both no-fault and fault-based divorces. Most divorces are no-fault and filed on the grounds of “incompatibility,” which means neither spouse has to prove wrongdoing. However, either party can file on grounds such as abandonment, adultery, cruelty, or felony convictions, but they often make the process more complex.
Steps to File for Divorce
When you’re ready to file for divorce, there are certain steps you’ll need to follow:
- File a Petition for Dissolution of Marriage
The divorce process starts when one spouse (the petitioner) files a petition with the district court in their county. - Serve Your Spouse
The other spouse (the respondent) must be legally notified (served) with the divorce papers. They have a limited time to file a response. - Temporary Orders (Optional)
If needed, the court may issue temporary orders about child custody, support, or property use while the divorce is pending. - Negotiation or Mediation
If you and your spouse agree on key issues (property division, custody, support), the case may proceed as an uncontested divorce, which is typically quicker and less expensive. - Discovery and Hearings (Contested Cases)
If disagreements arise, both parties exchange information, and the court may hold hearings to resolve the disputes. - Final Decree of Divorce
After agreements are finalized or a judge rules on contested issues, the court issues a Final Decree of Divorce, ending the marriage.
Oklahoma law imposes waiting periods before you can finalize a divorce. If there are no minor children, the period is only 10 days; however, it becomes 90 days when there are.
Tulsa Divorce Attorneys
While it is possible to file for divorce without an attorney, having legal representation can make the process smoother—especially if there are disputes over custody, property, or support. If you’re considering filing for divorce, Tulsa County Lawyers Group can help. Get a free consultation from a child custody attorney by calling 918.379.4864, or you can ask an online question.
