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In order to file for divorce in Oklahoma, you must comply with residency requirements, have grounds for divorce, meet filing requirements, agree on as many cases as possible, and finally, resolve any outstanding issues through mediation or trial.
Residency requirements for divorce in Oklahoma
In order to file for divorce in Oklahoma, one spouse must have lived in Oklahoma for at least six months. There is one exception – if the reason for the divorce is insanity and the non-filing spouse lives in an institution outside of Oklahoma, the other spouse must have lived in Oklahoma for at least five years prior to filing.
Grounds for Divorce in Oklahoma
Oklahoma allows no-fault or fault-based divorce. The difference comes down to whether the court will ask one of the spouses to prove that the marriage ends because of the behavior of the other spouse.
No-fault grounds for divorce in Oklahoma
You can expect a no-fault divorce in Oklahoma to be resolved much more quickly than a no-fault divorce. This is because neither party has to argue or prove who is responsible for the divorce. Oklahoma courts will grant a no-fault divorce if one spouse claims the spouses are not compatible.
Note that if you and your spouse have a child under the age of 18, you will be required to attend a class on the impact of divorce on children.
False grounds for divorce in Oklahoma
In a fault-based divorce in Oklahoma, one or both spouses will present evidence to the court that the other party caused the divorce by committing any of the following:
- Give up for at least a year
- adultery
- Impotence
- Extreme cruelty
- usual sugar
- fraudulent contract– usually means that one spouse has been tricked into marriage, most often by the other spouse who is lying about being previously (or even currently) married.
- Gross neglect of duty– In the event of a divorce, this usually means failure to provide for the family, but it can also mean failure to fulfill any of the obligations of the marriage.
- At the time of marriage, the wife was pregnant from someone other than the husband
- The other spouse is incarcerated in a state or federal penal facility for a felony at the time the petition was filed
- obtain a final divorce judgment outside of Oklahoma that does not relieve the other spouse of the obligations of the marriage under Oklahoma law, And
- Madness for five yearsThis reason requires that the insane husband be institutionalized for at least five years, and that three doctors (one of whom must be the superintendent of the institution in which the husband is institutionalized) examine the husband. Two of the three doctors must find recovery unlikely. Even if the divorce is granted on the grounds of insanity, the applicant spouse may still be required to provide financial support for the other.
No-fault divorce due to incompatibility is much more common than no-fault divorce in Oklahoma, and most of the above-mentioned fault-based grounds are rarely used.
Requirements for filing for divorce in Oklahoma
The state of Oklahoma does not provide divorce documentation at the state level, but a local nonprofit or local clerk of court can help you obtain the correct documents if you are representing yourself. An Oklahoma divorce attorney will file the application for you if you decide to hire an attorney.
You can file the documents with the court and hand them over to your spouse unless you are filing for an uncontested divorce and your spouse signs a waiver of service. Because many uncontested divorces are filed by both spouses and renunciation is common, uncontested divorces are known as renunciation divorces in Oklahoma.
The documents required to file a divorce application are the cover sheet, divorce application and summons. If you and your spouse have already reached a settlement and the divorce is uncontested, you will need to include an entry, waiver, proposed divorce decree, and custody plan.
You will need to pay an enrollment fee, which can vary by province and may change each year. The filing fee for Oklahoma County in 2022 was $252.14. In addition, you will have to provide the service to your spouse unless the service is waived – this may incur an additional fee and must be done by a process server, law enforcement officer, or by certified mail, with a return receipt requested.
Solving problems and solving marriage
If the divorce is uncontested, you and your spouse can submit the following documents to the court:
- Marital settlement agreement
- Parenting plan and visitation schedule (if applicable)
- Financial declarations from both parties
- Child support worksheet and custody schedule (if applicable)
The judge will review these documents and schedule a final hearing at least 90 days after the initial filing. If both spouses agree, the 90-day waiting period can be skipped.
In the case of a contested divorce, the judge will order a preliminary hearing to determine what issues the parties agree on, if any. This hearing will also determine the trial plan. The judge may order mediation and an additional hearing before setting the trial deadline. You can expect a contested divorce to take much longer to resolve than an uncontested divorce.
Regardless of how long it takes, after a final divorce is granted, both spouses are prohibited from remarrying for at least six months.
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