Divorce in Oklahoma is governed by Chapter 43 of Oklahoma's code. Provisions include grounds for dissolution, residency requirements and venue. If there are minor children of the marriage, a final order will not be issued until 90 days from the filing date has passed.
Divorce Laws in Oklahoma
The following are relevant statutes governing divorce in Oklahoma:
§43-101. Grounds for divorce.
The district court may grant a divorce for any of the following causes:
- Abandonment for one (1) year.
- Adultery.
- Impotency.
- When the wife at the time of her marriage, was pregnant by another than her husband.
- Extreme cruelty.
- Fraudulent contract.
- Incompatibility.
- Habitual drunkenness.
- Gross neglect of duty.
- Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.
- The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.
- Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or inmate of a state institution for the insane in some other state for such period, or of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery.
§43-102. Residence of plaintiff or defendant.
A. Except as otherwise provided by subsection B of this section, the petitioner or the respondent in an action for divorce or annulment of a marriage must have been an actual resident, in good faith, of the state, for six (6) months immediately preceding the filing of the petition.
B. Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma, for six (6) months immediately preceding the filing of the petition, may bring action for divorce or annulment of a marriage or may be sued for divorce or annulment of a marriage.
§43-103. Venue for any action for divorce, annulment of a marriage or legal separation.
A. The venue of any action for divorce, annulment of a marriage or legal separation may be in the following counties:
1. An action for divorce or annulment of a marriage may be filed in the county in which the petitioner has been a resident for the thirty (30) days immediately preceding the filing of the petition or in the county in which the respondent is a resident; provided, the action may be assigned for trial in any county within the judicial district by the chief judge of the district.
§43-107.1. Actions where minor child involved.
A. 1. In an action for divorce where there are minor children involved, the court shall not issue a final order thereon for at least ninety (90) days from the date of filing the petition which ninety (90) days may be waived by the court for good cause shown and without objection by either party.
Talk with an Attorney
If you are considering filing for divorce in Oklahoma, talk with an experienced attorney to discuss how Oklahoma's divorce laws affect your case.
