Oklahoma Divorce: What You Need to Know

In Oklahoma, the legal procedure that formally dissolves a marriage is referred to as a divorce, which is officially known as a dissolution of marriage. Every state has its laws, and in Oklahoma, the District Court in the county where one spouse resides handles divorces. This guide to divorce in Oklahoma covers court procedures, waiting periods, types of divorces, residency requirements, county-level filing information, and how to access divorce records. It is not primarily a relationship guide; rather, the main emphasis is on the legal and procedural aspects of divorce.

How Does Divorce Work in Oklahoma?

Before you can apply for divorce in Oklahoma, you must be a resident. One spouse must have lived in the filing county for at least 30 days and the state for six months before filing can be done.

In Oklahoma, divorces can be no-fault or fault-based. The most common defense for a no-fault divorce is incompatibility. When it is fault-based, reasons could include, but are not limited to, adultery, desertion, cruelty, fraud, chronic alcoholism, criminal conviction, and neglect of duty. Establishing guilt is not required, although it may affect custody, alimony, or property division.

Oklahoma does observe specific waiting periods before granting a divorce. But in cases of hardship or where there is mutual consent, judges may waive this condition. Nevertheless, if the couple has minor children, a 90-day waiting time must pass before the divorce can be finalized. If there are no young children involved, uncontested cases can be resolved quickly and efficiently.

Types of Divorce in Oklahoma

Oklahoma law provides several types of divorce:

• Uncontested divorce: In this type of divorce, the divorcing couple has settled on all aspects of the divorce, including custody, property division, and financial matters. These cases are quicker, less expensive, and may only require a single brief hearing.
• Contested divorce: In such a divorce, disagreements exist, requiring hearings and possibly a trial. These cases are more time-consuming and costly, in more than a financial sense.
• No-fault divorce: Based on incompatibility, and this is the most common type filed.
• Fault-based divorce: This kind of divorce includes grounds such as adultery, cruelty, or abandonment. This type may affect alimony or property division.
• Collaborative divorce: Here, spouses may use attorneys and mediators to settle disputes outside of court.
• Legal separation: Oklahoma allows separate maintenance actions, which provide custody, support, and property arrangements without ending the marriage.

Oklahoma Divorce Court Process and Forms

In Oklahoma, divorces are typically filed in the District Court of the county where one spouse resides. When one spouse, known as the petitioner, submits a Petition for Dissolution of Marriage, the procedure starts.

Other required documents may include:

• Summons
• Domestic Relations Cover Sheet
• Financial Affidavit
• Parenting Plan (if children are involved)
• Child Support Worksheet
• Settlement Agreement (for uncontested divorces)

The petition and summons must be delivered to the other spouse, known as the respondent, by certified mail, process server, or sheriff. The respondent has 20 days to reply.

Both parties must disclose their financial information, including income, debts, assets, and expenses. If children are involved, both parties may need to finish a Parenting Education Program before custody decisions are made.

In contentious custody or visitation cases, judges frequently mandate mediation. The matter goes to trial if mediation is unsuccessful.

A Decree of Dissolution of Marriage, which formally dissolves the marriage and establishes guidelines for child support, alimony, property division, and custody, is signed by the judge to complete the divorce.

City- and County-Level Filing Details

Petitioners can file for divorce in Oklahoma at the county level in District Courts. Here are details for some of the state’s largest counties:

• Oklahoma County (Oklahoma City):
  • Courthouse: You may visit the Oklahoma County District Court at 320 Robert S. Kerr Avenue, Oklahoma City, OK 73102.
  • Services: This district court provides online access to forms; the court requires a parenting class if children are involved.
• Tulsa County (Tulsa):
  • Courthouse: The District Court in Tulsa County can be found at 500 S. Denver Avenue, Tulsa, OK 74103.
  • Services: You may find online forms for this court on their website; the court typically encourages mediation in custody disputes.
• Cleveland County (Norman):
  • Courthouse: The Cleveland County District Court is in Norman and can be found at 200 S. Peters Avenue, Norman, OK 73069.
  • Services: The Clerk of Court provides filing instructions where necessary; the Cleveland County District Court requires parenting education in custody cases.
• Comanche County (Lawton):
  • Courthouse: Comanche County District Court may be located at 315 SW 5th Street, Lawton, OK 73501.
  • Services: Filing packets are available at this court’s premises. This court also offers mediation services for family cases.
• Payne County (Stillwater):
  • Courthouse: You may locate the Payne County District Court at 606 S. Husband Street, Stillwater, OK 74074.
  • Services: The Clerk of Court for Payne County oversees filing guidance; the court requires completion of parenting programs if children are involved.

How to Search for Divorce Records in Oklahoma

Divorce records in Oklahoma are generally public, but sensitive information such as Social Security numbers, financial accounts, and details about minor children are redacted. The Court Clerk’s Office maintains records in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested from the county clerk for a fee.
• Online: Some counties, such as Oklahoma County and Tulsa County, provide online case lookup through OSCN (Oklahoma State Courts Network) or ODCR (On-Demand Court Records).
• Vital Records: The Oklahoma State Department of Health, Vital Records Serviceissues divorce certificates (summary records, not full decrees) for divorces granted since 1992. This list names spouses, dates, and counties of divorce.
• Third-party services: Private websites may offer case details, but only the court or state Vital Records can issue certified copies.

Divorce documents typically include the names of the spouses, the date and county of the divorce, the case number, and the judge's rulings regarding alimony, maintenance, custody, and property division. The official document attesting to the marriage's legal dissolution is the Decree of Dissolution of Marriage.

Key Points

• Divorce in Oklahoma is filed in the District Court of the county where either spouse resides.
• One spouse must reside in the state for six months and in the county for 30 days before filing.
• Both no-fault and fault-based divorces are available.
• A 90-day waiting period applies in cases involving children, unless waived by the judge.
• Parents may need to attend parenting classes, and mediation is common in custody disputes.
• Divorce records are public and available from county clerks, with online access through OSCN or ODCR, and certificates available from the Oklahoma Vital Records Service.