Oklahoma City Divorce FAQs: Vital Information to Know

What Reasons Can You File for Divorce in Oklahoma City?

Oklahoma law allows couples to seek a divorce for multiple reasons, including both fault-based and no-fault grounds. The most common today is incompatibility, meaning the marriage has irreconcilable differences that make continuing it impossible. Other legal grounds include:

• One spouse abandoning the other for at least a year
• Adultery
• Impotence
• Wife being pregnant with another man at the time of marriage
• Extreme cruelty or emotional abuse
• Fraud or deceit affecting the marriage
• Habitual substance abuse
• Gross neglect of marital responsibilities
• Felony imprisonment
• Insanity lasting at least five years

While many couples use the no-fault option, fault-based reasons can influence child custody, support decisions, and property division in certain circumstances.

Residency Rules for Divorce in Oklahoma City

To file in Oklahoma City, one spouse must have lived in Oklahoma for at least six months before filing. Additionally, the filing spouse must have resided in Oklahoma County for at least 30 days. Meeting these requirements ensures the case is handled in the proper court system.

Where to File Your Divorce

Divorce cases in Oklahoma City are submitted to the Oklahoma County District Court. You may file in the county where you live or where your spouse resides. Choosing the correct venue ensures your case moves forward efficiently without delays or jurisdictional issues.

How Divorce Proceedings Work

The divorce process begins when one spouse (the Plaintiff) files a Petition for Divorce. The other spouse (the Defendant) is notified and can respond. The process may involve temporary hearings, discovery, and settlement talks. If agreements cannot be reached outside court, the case proceeds to trial. When finalized, the court issues a Decree of Divorce, legally ending the marriage.

Legal Separation in Oklahoma

If you wish to live separately without formally divorcing, Oklahoma allows legal separation. This process can address financial matters, child custody, and support while the marriage remains legally intact. Legal separation follows similar rules to a contested divorce and can later be converted into a full divorce if desired.

Waiting Periods and Restrictions

For divorces involving minor children, Oklahoma requires a 90-day waiting period before the divorce is finalized. After the divorce, a six-month waiting period applies before remarrying or living with a new partner, unless remarrying your former spouse. Violating this rule can lead to bigamy charges, with penalties ranging from one to three years in prison.

Spousal Support (Alimony)

Alimony may be awarded to either spouse to help maintain financial stability. Payments can be lump-sum or periodic and typically end if the recipient remarries, passes away, or cohabits with a new partner. Courts consider factors such as the length of the marriage, income, earning potential, and lifestyle during the marriage.

Property Division in Oklahoma City

Oklahoma follows equitable distribution, meaning marital property is divided fairly, but not necessarily equally. Courts consider contributions of each spouse, economic circumstances, and the nature of the property. Marital assets include property acquired during the marriage, while separate property includes pre-marriage assets, inheritances, or gifts.

Custody, Parenting, and Visitation

The primary concern for Oklahoma courts is the child’s best interest. Custody may be awarded to one parent or shared jointly. Courts consider:

• Which parent provides a stable and nurturing environment
• Willingness to support the child’s relationship with the other parent
• Emotional, educational, and physical needs of the child
• Any history of abuse or neglect

Parents pursuing joint custody usually create a parenting plan, detailing arrangements for healthcare, schooling, living arrangements, visitation, and child support. Children may voice their preferences, but the court is not obligated to follow them. Courts can also require parents to attend co-parenting education programs and may appoint legal counsel for the child if needed.

Child Support Guidelines

Oklahoma sets guidelines for child support, considering each parent’s income, number of children, and other factors. Courts may deviate from these guidelines only if following them would be unfair, with reasoning documented in the judgment. Support orders can be modified if circumstances significantly change, such as income, employment, or living arrangements.

Changing Your Name After Divorce

If desired, a spouse can restore a maiden or former name as part of the divorce decree. This is typically handled during the finalization process and does not require a separate court action.