How to File for Divorce in Oklahoma
How to file for divorce in Oklahoma: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: Either the petitioner or the respondent must have been a good-faith resident of Oklahoma (or of a U.S. Army post or military reservation in Oklahoma) for six months immediately before the petition is filed. 43 O.S. 102; 43 O.S. 103
| Residency requirement | Either the petitioner or the respondent must have been a good-faith resident of Oklahoma (or of a U.S. Army post or military reservation in Oklahoma) for six months immediately before the petition is filed. The case may be filed in the county where the petitioner has lived for the past 30 days or in the county where the respondent lives. Official Oklahoma Legislature compilation of Title 43 (PDF). OSCN, the courts' statute site, was bot-blocked when checked. Source: 43 O.S. 102; 43 O.S. 103 |
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| Waiting period | In a divorce involving minor children, the court cannot issue a final order until at least 90 days after the petition is filed. The court may waive this for good cause if neither party objects, or may finalize earlier if the parties voluntarily attend marital or family counseling and the court finds reconciliation unlikely. The 90-day rule does not apply to divorces based on certain fault grounds, such as abandonment, extreme cruelty, habitual drunkenness, felony imprisonment and certain child abuse findings. After a divorce, neither party may marry someone else until six months after the decree. Official Oklahoma Legislature compilation of Title 43 (PDF). OSCN, the courts' statute site, was bot-blocked when checked. Source: 43 O.S. 107.1; 43 O.S. 127 |
Where to get help in Oklahoma
More Oklahoma divorce & family law
- Getting a Marriage License in Oklahoma
- Adopting a Child in Oklahoma
- Guardianship of a Child or Adult in Oklahoma
- Establishing Paternity in Oklahoma
- Changing Your Name in Oklahoma
- Child Custody Laws in Oklahoma
- How Child Support Is Calculated in Oklahoma
- Divorce Records in Oklahoma
- Alimony and Spousal Support in Oklahoma
- Legal Separation and Annulment in Oklahoma
- All Oklahoma divorce & family law rules
FAQ
How long do you have to live in Oklahoma to file for divorce?
Either the petitioner or the respondent must have been a good-faith resident of Oklahoma (or of a U.S. Army post or military reservation in Oklahoma) for six months immediately before the petition is filed. The case may be filed in the county where the petitioner has lived for the past 30 days or in the county where the respondent lives.
Is there a waiting period for divorce in Oklahoma?
In a divorce involving minor children, the court cannot issue a final order until at least 90 days after the petition is filed. The court may waive this for good cause if neither party objects, or may finalize earlier if the parties voluntarily attend marital or family counseling and the court finds reconciliation unlikely. The 90-day rule does not apply to divorces based on certain fault grounds, such as abandonment, extreme cruelty, habitual drunkenness, felony imprisonment and certain child abuse findings. After a divorce, neither party may marry someone else until six months after the decree.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.