Oklahoma Divorce Laws: A Comprehensive Guide
By Travis Vernier, Esq. – Bennett Vernier, PLLC
Navigating divorce in Oklahoma can be complex, especially when it involves child custody, asset division, and spousal support. Understanding the laws, procedures, and timelines can help you make informed decisions and prepare for the process ahead.
Step 1: Filing for Divorce in Oklahoma
The divorce process begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage in the county where either spouse resides. The petition must state the legal grounds for the divorce, which fall into two categories:
✔ No-Fault Divorce: The most common ground, based on irreconcilable differences (also called incompatibility).
✔ Fault-Based Divorce: Requires proof of misconduct, such as adultery, abandonment, extreme cruelty, or fraud.
After filing, the Petitioner must serve divorce papers to the other spouse (Respondent) via:
Personal service (delivered by a process server or sheriff).
Certified mail with proof of receipt.
Publication (if the spouse’s location is unknown).
The Respondent has 20 days to file an Answer or Counterclaim. Failing to respond may result in a default judgment, granting the Petitioner’s requests without opposition.
Step 2: Automatic Temporary Injunction
Upon filing, an automatic temporary injunction goes into effect, preventing both spouses from:
🚫 Transferring, hiding, or selling marital assets.
🚫 Canceling insurance policies or retirement accounts.
🚫 Removing children from school or the state.
🚫 Harassing or disturbing the other party.
This injunction protects both spouses and children until a final divorce decree is issued.
Step 3: Understanding Oklahoma’s Divorce Waiting Period
⏳ How Long Does Divorce Take in Oklahoma?
Uncontested Divorce (No Children): 10-day waiting period.
Divorce With Minor Children: 90-day waiting period (can be waived under special circumstances).
Contested divorces (those involving disputes over custody, assets, or support) typically extend beyond these timeframes due to hearings, mediation, and trial preparation.
Step 4: Temporary Orders in a Divorce
Since divorce proceedings can take months—or even years—either spouse may request temporary orders to:
✔ Establish child custody, visitation, and support.
✔ Determine who stays in the family home.
✔ Allocate responsibility for bills and expenses.
Temporary orders remain in place until they are replaced by a final divorce decree.
Step 5: Child Custody & Support Laws in Oklahoma
📌 Legal vs. Physical Custody
✔ Legal Custody – The right to make major decisions for the child (can be joint or sole).
✔ Physical Custody – Where the child primarily lives (can be joint or sole).
📌 How Child Custody Is Decided
Courts determine custody based on the child’s best interests, considering:
Each parent’s ability to provide stability.
The child’s emotional and physical needs.
Each parent’s history of caregiving.
Any history of abuse or neglect.
📌 Child Support Guidelines
Oklahoma calculates child support based on:
✔ Both parents’ gross income.
✔ The number of overnight stays per year.
✔ Medical, dental, and daycare expenses.
Adjustments may be made if there are special circumstances, such as a child’s extraordinary medical needs.
Step 6: Division of Property & Assets
Oklahoma follows equitable distribution laws, meaning property is divided fairly but not necessarily equally.
✔ Marital Property – Assets acquired during the marriage (home, bank accounts, retirement plans).
✔ Separate Property – Assets owned before marriage or acquired by inheritance or gift.
Courts consider each spouse’s contributions, earning potential, and financial needs when dividing assets.
Step 7: Settlement, Mediation, or Trial
Most divorce cases are resolved through:
✔ Settlement Negotiations: Both spouses agree on all terms.
✔ Mediation: A neutral third party helps resolve disputes.
✔ Trial: If no agreement is reached, a judge makes the final decisions.
💡 Fact: A divorce trial can last several days and cost many thousands of dollars, making settlement the preferred option when possible.
Step 8: Finalizing the Divorce (Divorce Decree)
Once all issues are resolved, the court issues a final divorce decree, which:
✔ Legally ends the marriage.
✔ Details custody, visitation, and support arrangements.
✔ Confirms asset and debt division.
Since a divorce decree is a legally binding court order, failure to comply can lead to legal enforcement actions.
Take the Next Step: Protect Your Rights in an Oklahoma Divorce
Divorce is a major life event, and having the right legal strategy is critical. Whether your divorce is amicable or contested, we can help protect your rights and assets.
📞 Call (405) 456-0404 today to schedule a confidential consultation with an experienced Oklahoma divorce attorney.
💼 Make informed decisions and take control of your future. Contact Bennett Vernier, PLLC today.
