Divorce in Oklahoma FAQ

Get answers to common questions about divorce in Oklahoma.

By , J.D. · UC Berkeley School of Law
Updated by E.A. Gjelten, Legal Editor

If you're facing a divorce in Oklahoma, you no doubt have a lot of questions, from the legal requirements and procedures to the probable outcome and how long it will take before your divorce is final.

Who can file for divorce in Oklahoma?

To get a divorce in Oklahoma, you or your spouse must have been a resident in the state (including on a military reservation within the state) for at least six consecutive months just before you file the divorce petition. (Okla. Stat. tit. 43, §102 (2024).)

How do I start the divorce process?

You'll start the process by filing a divorce petition in the district court in the county where you've lived for the past 30 days or where your spouse currently lives. (Okla. Stat. tit. 43, § 103 (2024).)

Is Oklahoma a no-fault divorce state?

In Oklahoma, you can file for a no-fault divorce or a fault divorce. To file for a no-fault divorce, you only need to state on your petition that you and your spouse are incompatible (meaning you can't get along). Oklahoma also allows you to file for a divorce based on fault, but you'll need to prove that your spouse was guilty of a certain kind of misconduct, such as adultery, extreme cruelty, or abandonment. (Okla. Stat. tit. 43, § 101 (2024).)

Most people choose no-fault divorce. Going this route avoids a nasty legal battle over the charges of misconduct, so the divorce process will usually be quicker, less expensive, and less stressful.

Does Oklahoma require separation before divorce?

No. In Oklahoma, you don't need to go through a period of separation before you can end your marriage. Of course, couples who are headed for divorce often find it difficult to live under the same roof. If you're in this situation, you may want to consider whether you should move out of the family home.

Although it's not required, you do have the option of getting a legal separation in Oklahoma—but the procedure is just as involved as a divorce, and you'll still be legally married at the end of the process.

How much does divorce cost in Oklahoma?

When you file for divorce in Oklahoma, you'll have to pay the court's filing fee unless you apply and qualify for a waiver. The filing fees vary from county to county in Oklahoma. For example, the court in Oklahoma County charges $252.14 (as of 2024) to file divorce papers. You can find the current fees by contacting the court clerk's office in the county where you'll be filing your divorce papers. (This information is usually posted online.)

The total cost of divorce will depend largely on:

  • whether (and how soon) you and your spouse can agree about the legal issues involved in ending your marriage, and
  • whether you hire an attorney to represent you—and, if so, how much the attorney charges—or you go the DIY route (more on that below).

Do I need a lawyer to handle my divorce?

If you're wondering whether you need to hire a lawyer for your divorce, it will help to figure out the answer to a couple of questions, including:

  • Can you file for an uncontested divorce? If you and your spouse can reach a comprehensive divorce settlement agreement before you file your divorce papers, you'll be able to get an uncontested divorce in Oklahoma (often called a "waiver divorce"). Waiver divorces are relatively simple and quick, and many couples can get through the process on their own. Or they can file for divorce online, using a relatively inexpensive service to get help with the forms.
  • Will you and your spouse agree to mediation? If you need help agreeing about all of the issues, divorce mediation might help. The cost of mediation varies, depending mostly on how many disputes you need to work through. When the mediation leads to an agreement, it's always a good idea to have a lawyer at least review the settlement. But that would be considerably less expensive than hiring a lawyer to represent you through the process of a contested divorce.
  • Has your spouse already hired a divorce lawyer? You would be at a serious disadvantage if your spouse has an attorney but you don't.

Some people use a paralegal to help them with their divorce forms. But it's important to know that paralegals and document preparation services aren't allowed to give legal advice or do anything beyond filling out the forms for your divorce papers, based on the information you provide (just as with online divorce services). In contrast, an attorney can give you legal advice, decide how best to protect your rights and interests, file documents on your behalf, and appear for you in court.

How do attorneys charge for handling a divorce?

In family law cases, there are two basic ways lawyers charge for their services: by the hour or a flat rate. (Contingency fees, which are common in personal injury cases, aren't relevant in the context of divorce.) You should discuss fees and payment methods during your first meeting with a divorce attorney.

What's a retainer fee?

Most family law attorneys charge by the hour rather than a flat rate—and most of them will require an upfront payment known as a retainer. The lawyer will then bill by the hour as your case progresses and take the amount out of the retainer.

In a contested divorce, it can be difficult for an attorney to estimate how many hours your case will require. If it takes longer than originally anticipated, the retainer may be used up before the case ends. In this situation, the lawyer will simply bill you for the extra hours, and you'll be responsible for paying the balance owed.

The more disputes you have with your spouse—and the longer it takes to resolve them—the more you'll pay in attorney's fees.

When do Oklahoma divorce attorneys charge a flat fee?

If you decide to get a lawyer's help with your uncontested divorce, you might be able to find an attorney who will charge a flat fee. Also, if you only need a lawyer's help for a specific task—such as drafting or reviewing a settlement agreement—you may be able to negotiate a flat fee, or the attorney may charge by the hour but give you a clear estimate of how long it will take.

How long does it take to get divorced in Oklahoma?

As with cost, the amount of time it will take to get your final divorce will mostly depend on whether—and how soon—you and your spouse can resolve the issues in your divorce through a settlement.

An uncontested divorce will be the quickest. Oklahoma has a relatively short waiting period before you can schedule the final hearing in your divorce: 10 days if you and your spouse don't have minor children, or 90 days for divorce with children. (Okla. Stat. tit. 12, rule 8 (2024).)

Of course, it can take longer to get a hearing if there are court backlogs or problems with your paperwork. Contested divorces will take even longer—from a few months to a year or more, depending on how long it takes to resolve your disputes and whether you need to go to trial.

Who pays child support in Oklahoma, and how is it calculated?

Typically, parents who don't have their children living with them most of the time pay child support to the primary custodial parent. The amount of child support in Oklahoma is calculated under a formula in the state's guidelines, based mostly on the parents' income. But a shared parenting schedule can also affect the amount of support, depending on how much time the children spend with each parent.

How does Oklahoma handle child custody?

Custody laws distinguish between legal and physical custody. Legal custody refers to a parent's right to make important decisions about the child's upbringing, while physical custody refers to where the child lives most of the time.

With both types of custody, one parent may have sole custody, or the parents may have joint (or shared) custody. Even when the child lives most of the time with one parent (the custodial parent), the noncustodial parent almost always has some amount of visitation.

As in all states, custody issues in Oklahoma are focused on the child's best interests. When parents can't work out a custody agreement, Oklahoma laws on child custody and visitation spell out detailed requirements for how judges will decide what's best for kids. The state also has a standard visitation schedule with recommended guidelines for how much visitation noncustodial parents should have with children of different ages.

How are property and debts divided in an Oklahoma divorce?

At some point in the divorce process, most couples manage to reach an agreement on how they'll divide their property and debts at the end of their marriage. But if they can't agree, a judge will allocate their assets and debts between them based on what the judge believes is fair and reasonable. That doesn't necessarily mean an equal 50/50 split. (Okla. Stat. tit. 43, § 121 (2024).)

Oklahoma law doesn't spell out how judges should make that decision. Still, the process follows some basic steps:

  • Distinguishing marital and separate property. Marital property is divided in the divorce, while each spouse keeps their separate property. Generally, marital property includes assets either or both spouses acquired during their marriage (usually up to the date of their permanent separation), except assets one spouse has inherited or received as a gift. The process of characterizing a couple's property can sometimes be complicated. For instance, some assets may be part marital and part separate (such as when the spouses used marital funds or energy to improve a house that one spouse owned before the marriage), and couples may mix ("commingle") separate and marital assets
  • Assigning a value to the marital property and debts.
  • Deciding on a division of all the marital assets and debts. Sometimes, the judge may order one spouse to pay money to the other spouse (either in a lump sum or in periodic payments) as part of the property division (more on that below).

Learn more about how property is divided in Oklahoma divorces.

When can Oklahoma judges award alimony?

Oklahoma law on alimony is unusual in several respects. For one thing, the state uses the term "alimony" for payments that are meant to support a former spouse as well as payments that are actually part of the property division in divorce. When a judge orders one spouse to pay alimony to the other, the order must state how much of each payment is for support and how much is related to the property division.

What is support alimony?

Oklahoma uses the term "support alimony" to refer to what's traditionally meant by alimony or spousal support—that is, payments intended to provide financial support for a former spouse. Support alimony is based on the supported spouse's need, as well as the other spouse's ability to pay. (Okla. Stat. tit. 43, § 134 (2024).)

(Learn more about how support alimony works in Oklahoma, including how judges decide and how long the payments may last.)

What is alimony in lieu of property division?

Judges in Oklahoma may also order one spouse to pay "alimony" to the other spouse as part of dividing the couple's property in divorce. These payments (sometimes called "alimony in lieu of property division") aren't meant as support for the receiving spouse. Instead, they're a way of achieving fairness when it's difficult or impossible to award different assets to the spouses in an equitable way.

For instance, a couple may own one valuable asset like a business or the family home, but they don't have other assets that are anywhere near as valuable. Rather than forcing them to sell the asset and split the proceeds, the judge may award the asset to one spouse and then order that spouse to pay an amount of money that represents the other spouse's share in the asset. The payments may be over time in installments or a lump sum. (Okla. Stat. tit. 43, § 121(B) (2024).)

Can my Oklahoma divorce decree be changed?

Once your divorce is final, it's difficult to challenge a settlement agreement, appeal the judge's decision after trial, or have your divorce decree set aside. However, if your circumstances have changed since you were divorced, you may be able to modify parts of your divorce decree.

Oklahoma law allows modifications of child custody, child support, and support alimony. The specific requirements depend on the type of order you want changed. As a general rule, however, you'll need to demonstrate that there has been a substantial, ongoing change in circumstances that makes the existing order unreasonable or unfair.

However, you may not seek a modification of the property division or so-called alimony payments that are part of the property division. (Okla. Stat. tit. 43, §§ 134 (2024).)