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OKLAHOMA DIVORCE BASICS AND OVERVIEW
This is a divorce reference guide to understanding divorce in Oklahoma. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.
Divorce in Oklahoma Made Easy (See Oklahoma Divorce Help Center)
- Time Frame: In an uncontested divorce in Oklahoma without minor children, a hearing may be held and a divorce granted ten 10 days after the filing of the Petition for Divorce. When minor children are involved, the final hearing cannot take place until at least 30 days have passed since the filing date. Further, in divorces involving children, the divorce cannot be finalized until at least 90 days have passed since the filing date.
- Where to File: District Court. "State of Oklahoma, in the District Court, _____________ County." (See Oklahoma Court Addresses)
- Statute Statutes: Oklahoma Statures Annotated; Title 43.
- Name of Action: Petition for Divorce.
- Name of Parties: Petitioner, the name of the filer, and Respondent, the name of the other party.
- No-Fault or Fault and No-Fault Only: Both no-fault and fault.
- Primary Documents Filed: Petition for Divorce and Decree of Divorce. (See OK Forms List With Explanations)
- Physical Separation Required: No. There is no requirement that a couple live apart in order to divorce in Oklahoma.
- Separation Time to File: No.
- Legal Separation Permitted: Yes, on a variety of grounds.
- Grounds: No-Fault, which means Incompatibility; fault grounds are as follows, abandonment for one year, adultery, impotency, wife pregnant by another, extreme cruelty, fraudulent contract, habitual drunkenness, gross neglect of duty, imprisonment and insanity for a period of five years. (See Oklahoma Laws for Divorce)
- Residency Requirement: One or both spouses must reside in the state of Oklahoma for 6 months immediately before filing for divorce. A divorce may be filed in the county where the Petitioner has lived for 30 days immediately before filing or in the Oklahoma county where the Respondent lives.
- Mediation Required: Some Oklahoma county courts require mediation; in other counties the parties may attempt mediation but it is not mandatory. The court may order mediation when the spouses disagree over custody or visitation of minor children. Mediation is available through professional mediators, who are typically attorneys and retired judges. After a divorce is final, the court may appoint an arbitrator for joint custody disputes.
- Counseling Required: There is no mandatory counseling in Oklahoma.
- Parenting Classes Required: Parents of minor children and divorcing on the grounds of incompatibility must attend parent education classes. Judges determine the number of required hours and whether spouses take the course separately or together. The parent education program deals with co-parenting, conflict management, and child development during and after the divorce.
- Filing Fee: The fee for filing in Oklahoma varies from county to county, but is typically $180 -$250. (See OK Filing Fee Waiver Form)
- Where to File for Child Support: Information about Oklahoma Child Support Enforcement can be found at the Oklahoma Department of Human Services.
- Child Support Guidelines Model: Oklahoma uses the Income Shares Model, which estimates the support that would have been available if the marriage had not failed by applying percentages to each parents monthly income.
- Property Division: Oklahoma divides property upon divorce on the equitable distribution regime and follows the dual classification model.
- Appreciation of Separate Property: The appreciation of separate property is separate.
- Attendance at Hearing: Yes. The petitioner attends a brief divorce hearing. If the parties have no minor children, the hearing cannot be held until at least 10 days have passed from the filing. If the parties do have minor children, the hearing cannot be held until at least 30 days have passed from the filing.
- Fault Considered in Property Division: Fault may reduce the share of the marital property.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: The respondent may waive service by signing a waiver of service and entry of appearance. If the divorce papers are served personally, the summons and petition are served together.
- Learn More About Oklahoma Divorce.
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