Oklahoma filing for divorce involves meeting residency requirements, preparing and filing required legal documents with the court clerk, serving your spouse with divorce papers, and navigating either an uncontested or contested divorce process, depending on whether both parties agree on all terms. Understanding the specific steps required when filing for divorce in Oklahoma, including where to file, what grounds for divorce you can use, how long the process takes, and what forms you need, helps individuals start their divorce cases correctly and avoid costly delays. This comprehensive guide explains everything you need to know about filing for divorce in Oklahoma, from initial preparation through final decree, whether you're pursuing an uncontested divorce or facing a contested divorce case.
Oklahoma Divorce Laws
Before filing for divorce in Oklahoma, understanding the state's divorce laws helps you navigate the process effectively.
Oklahoma as a No-Fault Divorce State
Oklahoma operates as a no-fault divorce state, which means that either party can seek the termination of the marriage without assigning blame to the other. You can get a divorce in Oklahoma without claiming that your spouse is at fault by citing "incompatibility" as your grounds for divorce.
This no-fault approach simplifies the divorce process significantly, as you don't need to prove wrongdoing or provide evidence of your spouse's misconduct. However, if you get a divorce because of incompatibility and you have a minor child, you and your spouse must go to a class about the impact of divorce on your child called "Helping Children Cope with Divorce."
Fault-Based Divorce Options
Although no-fault divorces based on incompatibility are far more common in Oklahoma, the state also recognizes fault-based grounds for divorce. The judge can grant you a fault-based divorce for the following reasons: abandonment for one year, pregnancy by another man when the couple got married, extreme cruelty, adultery, habitual drunkenness, gross neglect of duty, imprisonment of the other spouse for a felony when the divorce petition is filed, obtaining a divorce decree in another state that doesn't release the spouse from marriage obligations in Oklahoma, and insanity for five years with specific conditions.
Fault-based divorces require proving wrongful acts or grounds for divorce through evidence presented to the court. They tend to be more complicated and time-consuming than no-fault divorces, which is why most Oklahoma couples file for divorce based on incompatibility.
Residency Requirements for Filing
Meeting Oklahoma's residency requirements is essential before you can file for divorce in the state.
Six-Month State Residency
To get a divorce in Oklahoma, you or your spouse must be a resident of Oklahoma for the six months immediately before the petition is filed. This residency requirement ensures that Oklahoma courts have proper jurisdiction over your divorce case.
For military personnel stationed in Oklahoma, you or your spouse must be a resident of any United States army post or military reservation within Oklahoma for the six months immediately before the petition is filed. The only exception to the six-month rule is if you are filing for a divorce based on the ground of insanity and either spouse is in an institution outside of Oklahoma, in that case, the spouse who files for divorce must be a resident of Oklahoma for at least five years before filing.
Thirty-Day County Residency
In addition to the state residency requirement, the petition for divorce must be filed in the county where one of the spouses has resided for a minimum of 30 days. You should go to the courthouse in the county where you have lived for the past thirty days or where your spouse lives.
For couples with children, it's mandatory to have residency in the county where they intend to file for a minimum of 30 days and in the state of Oklahoma for at least 90 days before initiating divorce proceedings. Meeting these residency requirements is crucial, as the court will ask questions about where you live and how long you've lived there to determine that the court has jurisdiction.
Where to File Your Divorce Case
The divorce can be filed in the district court in the county where the petitioner (the filing spouse) has lived for the 30 days immediately before filing, or the county where the respondent (the non-filing spouse) lives at the time of filing. Go to the county courthouse and locate the court clerk's office where you will file your divorce papers.
Different counties handle certain procedures differently, so it's helpful to contact the court clerk's office before filing to understand any county-specific requirements or local forms that may be available.
Uncontested vs. Contested Divorce
Understanding the difference between uncontested and contested divorce helps you prepare for the appropriate process.
Uncontested Divorce in Oklahoma
An uncontested divorce in Oklahoma is a situation where both parties are able to reach an agreement on all matters pertaining to the termination of their marriage, including property division, debt allocation, spousal support if applicable, and child custody and support if children are involved.
This type of divorce is typically the most straightforward and can be finalized in approximately 10 days if there are no minor children, making it an attractive option for couples who can agree on all aspects of the separation. An uncontested divorce, also called a "waiver" divorce in Oklahoma, usually reaches resolution faster and is less expensive than a contested divorce because there's no fighting in court.
If you do not have children, you will have to wait ten days after you file the petition before you can have a hearing. If you have children, you will have to wait ninety days after you file the petition before you can have a hearing.
Contested Divorce in Oklahoma
A contested divorce occurs when the two parties bring their case to the district court and allow the judge to determine the ultimate resolution. Contested divorces in Oklahoma occur when the spouses are unable to come to an agreement on divorce terms, necessitating court intervention for resolution.
If your spouse files a response disagreeing with anything in the divorce papers, you have a contested divorce. If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out. Although a contested divorce tends to be more difficult and time-consuming than an uncontested one, it becomes unavoidable when the parties fail to reach an agreement.
The costs associated with a contested divorce in Oklahoma may vary significantly, with the total amount depending on the complexity and specific circumstances of each case.
Required Forms for Filing for Divorce
Several essential documents are required to begin your Oklahoma divorce case.
Petition for Dissolution of Marriage
The first document you will need is the petition for dissolution of marriage. This foundational document initiates your divorce case and includes essential information about both spouses, grounds for divorce, and the relief you're requesting from the court.
Two versions of the petition exist: one for divorces with minor children and one for divorces without children. Use the petition appropriate for your situation, as petitions involving children address custody, visitation, and child support issues.
Summons
When you file the petition, the court clerk will issue a summons. The summons is the official court document that notifies your spouse that divorce proceedings have been filed and requires them to respond within twenty days. The clerk will give you back the original summons stamped with the word "Original" in red, keep this carefully as you'll need it for service of process.
Civil Cover Sheet
Along with the petition and summons, you must file a civil cover sheet. The Oklahoma court system has made this form available on its website. Fill this form out the best you can. This form asks for many details of information; it is extremely unlikely that you will know all of the information that the form requests.
Very few people are able to provide all the information. That is not a problem, simply fill in the information that you do know, and leave the rest blank. Because hardly anyone ever fills in all of the information, the court clerk will accept the form if you leave some spaces blank.
Filing Your Divorce Papers
Once you've prepared the required documents, you're ready to file with the court.
Going to the Courthouse
Take the forms to the county courthouse. Go to the court clerk's office with your completed petition, summons, and civil cover sheet. You should make several copies of each document before filing. The court clerk will keep the original petition in the court records, and the clerk will stamp the copies and give the copies back to you.
Paying Filing Fees
You will have to pay a filing fee to the court clerk when you file your divorce. Filing fees in Oklahoma vary from county to county, so contact the court clerk's office to find out the fees at the court where you plan to file. For example, filing fees typically range from approximately $170 to $252 or more depending on the county.
If you are unable to pay a filing fee due to financial hardship, ask the clerk for a pauper's affidavit. You can ask the court clerk for a form to request a waiver, or use the Pauper's Affidavit form provided by Legal Aid Services of Oklahoma. This allows you to request that the court waive filing fees based on your inability to pay.
Serving Your Spouse with Divorce Papers
After filing, you must properly serve your spouse with copies of the divorce documents.
Service of Process Requirements
The petition and the summons must be served on your spouse to provide official notice of the divorce proceedings. You can't serve your spouse yourself, the server must be someone over the age of 18 who isn't a party to the divorce.
Methods of Service
You may serve these documents in the following ways. Service by sheriff involves giving the documents to the sheriff, who will serve them on your spouse and file a return of service with the court clerk. Service by a licensed process server requires hiring a professional who will serve the documents and file proof of service. Service by certified mail means sending a copy of the petition and summons by certified mail, return receipt requested, and filing the return receipt with the court clerk as proof of service.
For military personnel who are not currently stationed in Oklahoma but have a civilian spouse who initiates divorce proceedings in the state, the military spouse must be personally served with the summons and petition for divorce, irrespective of their current military station.
Your Spouse's Response Period
After your spouse is served, they have twenty days to file a response with the court clerk and send the response to you. If your spouse files a response, you have a contested divorce, and you will need to file a response within 10 days if a counterclaim is made.
If your spouse does not file a response within twenty days, your spouse is in default. You will be able to get a default judgment. However, if you have children, you will have to complete the "Helping Children Cope with Divorce" class before you can get a default judgment.
Automatic Temporary Injunction
Once the petition is served, an automatic temporary injunction (ATI) goes into effect that protects both parties during the divorce process.
What the ATI Prohibits
The ATI prohibits certain financial expenditures and modifications to certain accounts and policies, such as retirement accounts and insurance policies. It also prohibits the parties from hiding their children from each other and removing the children from Oklahoma without consent of the other parent.
Required Disclosures
The ATI also requires the parties to exchange certain documents and information within 30 days of service. This ensures both spouses have access to financial information necessary for equitable property division. Reading and abiding by the terms of the ATI is crucial. A party violating the ATI is subject to contempt of court.
Temporary Orders
During the divorce process, you may need temporary orders addressing immediate issues.
Requesting Temporary Orders
You must file an application for temporary order listing your requests to the court. At the time your petition is filed with the court, your attorney can make application for a temporary order to be issued that would direct your spouse to take specific actions or restrain the spouse from doing certain things.
Hearing Requirements
The court cannot grant a temporary order for custody, child support, possession of property, alimony, or exclusion from your home until your spouse has been served with notice of a hearing at least five days prior to a hearing on your request. You will be required to appear in court to testify as to your need for each of the temporary requests you are making.
Under a limited set of circumstances and by following specific procedures, you may be granted an emergency order of custody without notice to your spouse if there is a likelihood that immediate and irreparable harm will occur to your children without such an order. A hearing must be set within 10 days of this emergency order.
Finalizing an Uncontested Divorce
If both spouses agree on all terms, the uncontested divorce process can proceed relatively quickly.
Agreed Decree
See if your spouse is willing to sign an agreed decree. If your spouse is willing to sign an agreed decree, fill out the appropriate decree form for your case, either with or without minor children. Sign the form and have your spouse sign the form.
If you and your spouse are able to work out an agreement, the next step is to take the "Helping Children Cope with Divorce" class if you have minor children. This class is required for parents in most divorce cases with children in Oklahoma. Both you and your spouse must take this course before the court will finalize your divorce.
Scheduling the Final Hearing
When you are ready for the hearing, go back to the courthouse and go to the court clerk's office. Fill out a motion to set for hearing and an order to set for hearing. Mail the motion to your spouse, give it to the court clerk to file, then give the order to the clerk who will take it to the judge.
Different counties handle this procedure differently, so ask the court clerk what your county does. When the clerk calls to tell you the judge has signed the order, pick up the signed order, complete the certificate of mailing with the date, file the original with the clerk, and mail a copy to your spouse.
The Final Hearing
When you go to the hearing, take the agreed decree and any required documents like child support computations or custody plans. The judge will ask you a few questions about where you live and how long you have lived there to determine that the court has jurisdiction. Give the judge the decree and other documents. If there are no problems, the judge will sign these documents and give them back to you.
Take the signed documents down to the court clerk. The clerk will keep the original documents and will stamp the copies with the date and a facsimile of the judge's signature. Your divorce is now final. Keep copies of all the documents in a secure location.
Obtaining a Default Judgment
If your spouse does not respond to the divorce petition, you can obtain a default judgment.
Motion for Default Judgment
When you are ready to obtain a default judgment, fill out a motion for default judgment and an order to set for hearing on default. Give the motion to the court clerk to file, and give the order to the clerk who will take it to the judge. When the judge signs the order setting the hearing, the clerk will notify you of the hearing date.
Preparing the Default Decree
Before the hearing, fill out the decree. Because your spouse has not answered the petition, you will be able to fill in whatever you want on the decree regarding property division, custody, and support. If you have minor children, you must accurately complete a child support computation, intentionally providing false information could constitute fraud against the court.
Timeline for Oklahoma Divorce
Understanding how long the divorce process takes helps you plan appropriately.
Minimum Waiting Periods
If both parties are in agreement to the divorce and there are no children, a divorce may be granted 10 days after the filing of the petition, provided your spouse executes a waiver of process filed with the court.
In a divorce where there are minor children involved, there is a 90-day waiting period from the date of service of the summons, the first date of publication, or an entry of appearance by the respondent, whichever occurs first. The 90-day waiting period may be waived under certain circumstances.
Contested Case Duration
If your spouse hires an attorney and contests the action, the case could take longer than 90 days. The costs and timeline for contested divorces vary significantly based on the complexity and specific circumstances of each case, with some taking many months or even years to resolve.
When Your Divorce is Final
The divorce is final the day it is granted by the judge and the decree is filed with the court clerk. You are a single person once the judge pronounces you divorced.
However, Oklahoma law prohibits remarriage or cohabitation with someone other than your now former spouse in the state of Oklahoma for a period of six months after the divorce is granted. During these six months, should you and your spouse decide to reconcile, a joint application can be filed with the court, and the decree will be set aside so long as neither party has remarried a third party during the interim.
Resources and Legal Assistance
Several resources can help you with filing for divorce in Oklahoma.
Legal Aid Services
Legal Aid Services of Oklahoma provides information on divorce, including residency requirements, alimony, and basic divorce procedure. They offer free legal assistance to qualifying low-income individuals who cannot afford to hire private attorneys.
Oklahoma Bar Association
The Oklahoma Bar Association gives answers to frequently asked questions about divorce and can help connect you with attorneys in your area if you need legal representation.
When to Hire an Attorney
While some people successfully complete uncontested divorces on their own, many situations require professional legal counsel. If you have a contested divorce, significant assets or complex property, business ownership, concerns about child custody, or questions about your legal rights, consulting with an experienced family law attorney protects your interests and ensures the best possible outcome.
Final Thoughts
Oklahoma filing for divorce requires careful attention to residency requirements, proper preparation and filing of required documents, appropriate service of process on your spouse, and compliance with waiting periods and procedural rules. Whether you're pursuing an uncontested divorce where both parties agree on all terms or facing a contested divorce requiring court intervention, understanding the filing process helps you start your case correctly.
Meeting the six-month state residency requirement and thirty-day county residency requirement, filing your petition with the appropriate county court clerk, properly serving your spouse, and following through with required steps, including parenting classes if you have children, ensures your divorce proceeds smoothly. While uncontested divorces can be finalized relatively quickly, in as little as 10 days without children or 90 days with children, contested cases may take considerably longer.
If you need assistance with filing for divorce in Oklahoma, numerous resources exist including court self-help centers, Legal Aid Services of Oklahoma for qualifying individuals, and private family law attorneys who can guide you through the process and protect your rights throughout this challenging transition.