Oklahoma Divorce FAQ

In Oklahoma, the courts may grant a divorce upon a single party petitioning the court regardless of whether the opposing party chooses to participate.

Can I get an annulment in Oklahoma?

Yes. In Oklahoma an annulment can be granted under very limited and specific circumstances.

Does Oklahoma grant divorces based on marital fault?

Oklahoma does allow for a divorce to be sought and granted based upon the grounds of adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart, and others. However, most divorces are granted on a no-fault basis.

Do I really need to hire an attorney?

You probably need to hire an attorney unless your divorce is amicable and uncontested. If your case involves minor children an attorney is necessary to ensure that your custody and visitation rights are properly established.

What are the grounds for divorce in Oklahoma?

A divorce in Oklahoma may be granted on the basis of adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart, and others. However, the vast majority of divorces are granted on a no-fault basis, meaning that the marriage is beyond any reasonable hope of reconciliation.

Children, Support, and Property

If I have custody, will I receive child support?

Custody is not the only factor in calculating child support. The amount of court-ordered child support also takes into account the income of the parties’ and what the court deems to be in the best interests of the minor child.

What if my wife tries to move the kids out state?

Your wife and children will be subject to, and will have to comply with, the jurisdictional requirements and relocation provisions set forth in the Oklahoma Statutes.

Do grandparents have custody and visitation rights?

A court can grant visitation rights to a grandparent if it is deemed to be in the child’s best interest.

If both parents share custody does anyone pay child support?

Child support in Oklahoma is controlled by a statutory formula which takes into account the parties’ income and amount of expenses each party pays, such as health care costs.

It is possible that even though the parents share custody that one parent will still be obligated to pay child support depending on the specifics of each case.

Who will get custody of our child?

Determination of custody of your minor children will depend on varying factors. Oklahoma courts specifically look at what will be in the best interests of the minor child

Do the other issues – child support, child custody, alimony, and property – have to be decided before the divorce is final?

In most instances, all issues are resolved prior to a final resolution being entered.

Can I get maintenance or will I have to provide maintenance to my spouse?

Maintenance in Oklahoma is based upon two factors: the party seeking maintenance must prove that they have a demonstrated need for payment of maintenance to the court and the party they are seeking maintenance from must have the ability to pay.

Divorce Procedure

How long do I have to live in Oklahoma to obtain a divorce?

Oklahoma requires that you live within the state six months prior to the filing of the petition for divorce and reside within the county for a period of 30 days prior to the filing of the divorce petition.

When is my case going to be over?

Oklahoma imposes a 10-day waiting period before a divorce without minor children can be granted. Likewise, Oklahoma imposes a 90-day waiting period before a divorce with minor children can be granted. However, each case is unique and the time frame from beginning to end of any given case varies.

Do I have to go to court?

In Oklahoma, there are mandatory proceedings that a party must attend. However, not all cases go to trial nor do they have adversarial proceedings.

When can I file for divorce in Oklahoma?

A party can file for divorce in Oklahoma at any time.

Oklahoma Divorce Info