Divorce in Oklahoma

Divorce is one of the most stressful and complicated legal processes a person encounters in his or her lifetime. Every divorce case is different. Thus, every divorce process depends on the particular situation. It is important to have an experienced divorce attorney on your side who can help you understand the process and assist you in making the decisions that could impact the rest of your life.

Oklahoma has its own divorce laws and filing requirements. Edge Divorce handles all aspects of divorce cases in Tulsa and surrounding areas. If you are considering filing for divorce or you have been served with divorce papers, we have provided some helpful information below about divorces in Oklahoma.

Filing for Divorce in Oklahoma

Divorce in Oklahoma is legally referred to as Dissolution of Marriage. The divorce process begins by filing a Petition for Dissolution of Marriage. If you are considering filing for divorce, your attorney will prepare and file the petition for you. This petition will contain information about you and your spouse, information about your children, and the grounds for the divorce. The petition must be served on your spouse according to Oklahoma’s service of process requirements. Without proper service, your case can be dismissed, requiring you to start over.

If you have been served with divorce papers or are considering filing for divorce, it is important that you contact Edge Divorce immediately to avoid making any mistakes, missing any deadlines to respond or to challenge the petition.

Residency Requirements

To file for divorce in Oklahoma, either you or your spouse must have been a resident of the state of Oklahoma for at least six months prior to filing the petition. You must file for divorce in the county where you or your spouse has been living for at least 30 days prior to filing the petition. For example, if you have been living in Oklahoma for at least six months and your house is located in Tulsa County, you can file your petition at the Tulsa County Courthouse located at 500 S. Denver Ave., Tulsa, OK 74103.

If residency requirements are not met or the court later on finds out it does not have proper jurisdiction to hear your case, the case may be transferred to another state, another county, or be dismissed.

Grounds for Divorce: Fault or No Fault?

Oklahoma is a no-fault state, meaning almost all divorces filed are based on no-fault grounds. In a no-fault divorce, the petition would state “incompatibility” as the reason for the separation. What this basically means is, you and your spouse are no longer getting along with each other and would like to end the marriage.

Although Oklahoma is a no-fault state, one spouse may file for divorce for various reasons he or she desires to prove in court. For example, in a fault divorce, the petition may state any of the following reasons:

  • Adultery
  • Extreme Cruelty
  • Fraud
  • Habitual Drunkenness
  • Neglect
  • Fraud
  • Insanity for a period of five years
  • Imprisonment of one spouse in an institution for the commission of a felony
  • Abandonment for one year

Estimated Timeline and Waiting Periods

The length of time from the filing of the petition to the actual dissolution of a marriage varies depending on a number of factors including whether the divorce is contested or uncontested; whether all residency requirements are met; or whether there are any minor children involved.

If you and your spouse do not have any minor children and the divorce is uncontested, the mandatory waiting period before a judge will grant your divorce is only 10 days. If you do have minor children, there is a mandatory waiting period of at least 90 days before a judge will grant your divorce.

In contested divorces, typically at least six to eight months will pass before the case goes to trial. This is because if your divorce is contested, your attorney will need time to contact witnesses, gather information, and prepare the legal and factual arguments of your case for trial.

Temporary Orders

During any of these waiting periods, Temporary Orders can be issued by agreement of the parties or by a judge. Temporary Orders are orders that are put in place during the pendency of the divorce action. Temporary Orders typically address custody arrangements, visitations, and/or child support payments and can stay in effect until the divorce is finalized and a Final Order is issued.

Assistance with Your Divorce Matters

To learn more about divorce and the specifics, schedule a free consultation with the Edge Law Firm today.