Divorce in Oklahoma: Laws, Requirements, and Process
A complete guide to getting a divorce in Oklahoma. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 10 days from filing (90 days if minor children are involved).
- Filing fee: $175 - $250.
Grounds for Divorce
Oklahoma allows no-fault divorce. The no-fault ground is: Incompatibility.
Fault-Based Grounds
Oklahoma also recognizes these fault-based grounds for divorce:
- Abandonment for one year
- Adultery
- Impotency
- Pregnancy by another at time of marriage
- Extreme cruelty
- Fraudulent contract
- Habitual drunkenness
- Gross neglect of duty
- Imprisonment for a felony at the time of filing
- Insanity for 5 years
Residency Requirements
6 months in the state.
Property Division
Oklahoma is an equitable distribution state. Oklahoma follows equitable distribution. Courts divide marital property fairly based on each party's contributions, the length of the marriage, each spouse's age and health, and the needs of each party. Property acquired jointly during the marriage is subject to a just and reasonable division.
Alimony / Spousal Support
Oklahoma courts may award support alimony (temporary or permanent) based on the needs of the requesting spouse, the ability of the other spouse to pay, and the standard of living during the marriage. The court considers the duration of the marriage, each party's earning capacity, and any property awarded in the divorce.
Child Custody
Oklahoma courts determine custody based on the best interest of the child. The court considers the physical, mental, and moral welfare of the child, the wishes of the child (if of sufficient age), and any evidence of ongoing domestic violence, stalking, or harassment.
Child Support
Oklahoma uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, the cost of health insurance for the children, childcare expenses, and the custody or visitation schedule.
Filing Fee
The filing fee for divorce in Oklahoma is $175 - $250. Fee waivers may be available for those who cannot afford to pay.
Oklahoma court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Oklahoma?
Oklahoma allows no-fault divorce based on incompatibility. The state also recognizes multiple fault-based grounds including adultery, abandonment, extreme cruelty, habitual drunkenness, gross neglect, imprisonment, and insanity.
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How long do you have to live in Oklahoma to file for divorce?
At least one spouse must have been a resident of Oklahoma for at least 6 months prior to filing the petition for divorce.
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How is property divided in an Oklahoma divorce?
Oklahoma uses equitable distribution. Courts divide marital property fairly and reasonably based on each spouse's contributions, the length of the marriage, and the needs of each party.
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How long does a divorce take in Oklahoma?
Oklahoma has a 10-day waiting period for divorces without children and a 90-day waiting period when minor children are involved. Uncontested divorces without children can be finalized quickly. Contested cases take longer.