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. A 10-day waiting period applies for divorces without children.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
10 days (90 days with children)
Filing Fee
$175-$350
Property Division
equitable distribution
Grounds for Divorce
- •Incompatibility
- •Adultery
- •Abandonment for 1 year
- •Extreme cruelty
Key Facts
- ★Oklahoma has different waiting periods depending on whether children are involved
- ★The waiting period is 10 days without children and 90 days with children
- ★At least one spouse must have been an Oklahoma resident for 6 months
- ★Property is divided by equitable distribution
- ★Oklahoma has 12 fault-based grounds for divorce in addition to 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.
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Common questions about divorce in Oklahoma
Oklahoma imposes a 90-day waiting period for divorces involving minor children (compared to 10 days without) to allow time for potential reconciliation and to ensure proper arrangements for custody, visitation, and child support are in place.
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.