Divorce in Oklahoma
Oklahoma allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been an Oklahoma resident for six months. With minor children, the court cannot issue a final order until 90 days after the petition is filed, unless it waives the period.
Quick Facts
Residency Requirement
6 months (either spouse)
Waiting Period
90 days after filing with minor children
Filing Fee (approximate, varies by county)
$175-$350
Property Division
equitable distribution
Grounds for Divorce
- Incompatibility
- Adultery
- Abandonment for 1 year
- Extreme cruelty
Key Facts
- With minor children, no final order for 90 days after filing; the court can waive it for good cause if neither spouse objects
- The 90-day period does not apply to some fault grounds, such as abandonment for a year or extreme cruelty
- Either spouse must have lived in Oklahoma for 6 months before the petition is filed
- Property is divided by equitable distribution
- Oklahoma law lists 12 grounds for divorce, including incompatibility (no-fault)
Child Custody
Oklahoma courts determine custody based on the best interests of the child. The court considers the physical, mental, and moral welfare of the child, the preference of the child if of sufficient age, and the ability of each parent to provide for the child's needs. Joint custody is an option.
Alimony / Spousal Support
Oklahoma courts may award support alimony (ongoing financial support) or alimony in lieu of property division. The court considers the duration of the marriage, each party's earning capacity, the standard of living during the marriage, and each party's age and health.
Plan Your Oklahoma Divorce
Get personalized guidance for your situation with Anew's AI assistant.
FAQs
Common questions about divorce in Oklahoma
Yes. With minor children, the court cannot issue a final divorce order until 90 days after the petition is filed, unless it waives the period for good cause and neither spouse objects. The rule does not apply to some fault grounds, such as abandonment for a year or extreme cruelty, and the court may require parents to complete an educational program during that time.
Alimony in lieu of property division is a type of support that can be awarded in Oklahoma when the equitable division of property alone would not be fair. It acts as additional compensation to one spouse instead of dividing specific property and is usually paid in a lump sum.