Oklahoma Divorce Laws

Oklahoma Divorce Laws
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Oklahoma Divorce Laws


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. 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. [Based on Oklahoma Statutes; Title 43, Sections 102 and 103]


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. No divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of which physicians shall be a superintendent of the hospital or sanitarium for the insane, in which the insane defendant is confined, and the other two physicians to be appointed by the court before whom the action is pending, any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the State of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant.

[Based on Oklahoma Statutes; Title 43, Section 103]


An action for legal separation may be brought in the county in which either party is a resident at the time of the filing of the petition. The wife or husband may obtain alimony from the other without a divorce, in an action brought for that purpose in the district court, for any of the causes for which a divorce may be granted. [Based on Oklahoma Statutes; Title 43, Sections 103 and 129]


It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state. [Based on Oklahoma Statutes; Title 43, Section 123]


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. [Based on Oklahoma Statutes; Title 43, Section 107.1]


In all actions for divorce, separate maintenance, guardianship, paternity, custody or visitation, including modifications or enforcements of a prior court order, where the interest of a child under eighteen (18) years of age is involved, the court may require all adult parties to attend an educational program concerning, as appropriate, the impact of separate parenting and co-parenting on children, the implications for visitation and conflict management, development of children, separate financial responsibility for children and such other instruction as deemed necessary by the court. The program shall be educational in nature and not designed for individual therapy. The court may require that within the ninety-day waiting period, the parties attend and complete an educational program specified by Section 107.2 of this title. Exceptions are noted under Section B. [Based on Oklahoma Statutes; Title 43, Sections 107.1 and 107.2]


Oklahoma is an equitable distribution state. The court shall enter its decree confirming in each spouse the property owned by him or her before marriage and the un-disposed of property acquired after marriage by him or her in his or her own right. As to such property, whether real or personal, which has been acquired by the parties jointly during their marriage, whether the title thereto be in either or both of said parties, the court shall, subject to a valid ante-nuptial contract in writing, make such division between the parties as may appear just and reasonable, by a division of the property in kind, or by setting the same apart to one of the parties, and requiring the other thereof to be paid such sum as may be just and proper to effect a fair and just division thereof. [Based on Oklahoma Statutes; Title 43, Section 121]


Either spouse may be allowed such alimony out of real and personal property of the other as the court shall think reasonable, having due regard to the value of such property at the time of the divorce. Alimony may be allowed from real or personal property, or both, or in the form of money judgment, payable either in gross or in installments, as the court may deem just and equitable. The court shall also provide in the divorce decree that upon the death or remarriage of the recipient, the payments for support, if not already accrued, shall terminate.

The voluntary cohabitation of a former spouse with a member of the opposite sex shall be a ground to modify provisions of a final judgment or order for alimony as support. The provisions of any divorce decree pertaining to the payment of alimony as support may be modified upon proof of changed circumstances relating to the need for support or ability to support which are substantial and continuing so as to make the terms of the decree unreasonable to either party. [Based on Oklahoma Statutes; Title 43, Sections 121 and 134]


When a divorce is granted, the wife shall be restored to her maiden or former name if she so desires. [Based on Oklahoma Statutes; Title 43, Section 121]


The court may grant the care, custody, and control of a child to either parent or to the parents jointly. In awarding the custody of a minor unmarried child or in appointing a general guardian for said child, the court shall consider what appears to be in the best interests of the physical and mental and moral welfare of the child. When awarding custody to either parent, the court:

  • Shall consider, among other facts, which parent is more likely to allow the child or children frequent and continuing contact with the noncustodial parent.
  • Shall not prefer a parent as a custodian of the child because of the gender of that parent.

[Based on Oklahoma Statutes; Title 43, Sections 109 and 112]


Except in those cases where parties represented by counsel have agreed to a different disposition, there shall be a rebuttable presumption in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the following the Oklahoma child support guidelines is the correct amount of child support to be awarded. The district or administrative court may deviate from the amount of child support indicated by the child support guidelines if the amount of support so indicated is unjust, inequitable, unreasonable, or inappropriate under the circumstances, or not in the best interests of the child. Every order providing for the support of a minor child or a modification of such order, whether issued by a district court or an administrative court, shall contain an immediate income assignment provision. [Based on Oklahoma Statutes; Title 43, Sections 115 and 118]