Start your divorce online in Oklahoma

Oklahoma Family Law requires that at least one of the spouses seeking divorce meets the state residency requirements. It’s a mandatory condition for all divorces so that the court can have jurisdiction to issue decisions regarding a divorce.

The spouses are state residents if they have lived in Oklahoma for at least six months before commencing the action. If one spouse is in the military, they may file for divorce if they served within the state territory for six months before filing the Petition for Dissolution.

Oklahoma law provides twelve grounds for divorce, both fault and no-fault. The petitioner has to use one of the following reasons in the Petition:

• Incompatibility;
• Adultery;
• Impotence;
• Cruelty;
• Abandonment for one year;
• A wife was pregnant by another person who was not her spouse;
• Fraudulent contract;
• Habitual drunkenness;
• Neglect to support;
• Felony conviction and imprisonment;
• Insanity and institutionalization for five years without a chance for recovery;
• Getting an invalid divorce decree by a husband or wife outside Oklahoma.

The petitioner can file for divorce in a district court in the county where they have been living for more than 30 days before taking action. They may also file in the county where the other party has lived for 30 days.

The initial papers that a petitioner must submit to the court clerk are a Petition for Dissolution and Summons or Entry of Appearance, Domestic Relations Cover Sheet, and a proposed divorce decree.

Each person filing papers for a marriage dissolution must pay a filing fee of approximately $250. There may also be additional fees for paternity determination and copies of the original documents.

If a person cannot afford to cover the court fees, they may apply for a fee waiver by:

• preparing and filing the Pauper’s Affidavit form
• providing financial proof of indigency

The costs may be waived entirely or partly or delayed for some period.

After filing the paperwork with the district court, the petitioner must inform the respondent by delivering them copies of the papers. This process is known as “serving” the spouse.

Oklahoma laws generally forbid a petitioner to deliver copies in person. Instead, they need to hire a private process server, pay a deputy sheriff ($50 on average) or use certified mail.

The proof of service, the return receipt, or the acknowledgment of service must be filed with the district clerk.

Couples with minor children must wait for at least 90 days before the judge can sign a final decree. This period is supposed to be a cooling-off time during which the spouses might resolve their differences and reconcile.

The waiting period is also intended for consulting a family therapist or going through educational seminars concerning divorce effects on children.

The judge might waive the 90-day requirement if both parties agree or there’s a “good cause” such as abandonment or cruelty.

After the waiting period ends, the spouses need to attend the court hearing and answer questions asked by the judge. After that, the judge will grant the divorce if all papers are in order and the terms are fair and just.

Couples with uncontested divorces can have a copy of their divorce decree the same day as their hearing.

If only a petitioner attends the hearing, they should send a copy of a decree to the other party and leave one for themselves.