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Oklahoma Family Law


Understanding Divorce in Oklahoma

Divorce can be a challenging and emotional process, but understanding the legal landscape can make it more manageable. At Evan Taylor Law Office, we are here to help you navigate this difficult time with clarity and support.

No-Fault Divorce in Oklahoma

Oklahoma is a “no fault” divorce state, which means that couples can divorce simply because they are incompatible. This approach subsumes and includes all the traditional grounds for divorce such as infidelity, extreme cruelty, abandonment, habitual drunkenness, and more. Most of the time, couples agree that the marriage is over and want to divorce. This means that when we speak about “divorce,” we are usually talking about property division, alimony, and child custody.

Property Division

One of the most critical aspects of divorce is property division. Oklahoma requires divorcing couples to decide how to divide their property and finances. This includes identifying and valuing assets and debts, and determining a fair and just division. Our experienced divorce lawyers at Evan Taylor Law Office work diligently to ensure that your interests are protected and that you receive a fair outcome.

Alimony and Spousal Support

Alimony, or spousal support, is another important consideration in a divorce. The purpose of alimony is to provide financial support to a spouse who may need assistance transitioning to a single-income household. The amount and duration of alimony depend on various factors, including the length of the marriage, the financial needs and capabilities of each spouse, and the standard of living established during the marriage.

Child Custody and Support

Child custody and support are often the most emotionally charged issues in a divorce. In Oklahoma, the best interests of the child are the primary consideration in determining custody arrangements. Our family law attorneys are dedicated to helping you achieve a custody arrangement that serves the best interests of your children and provides stability and support.

Filing for Divorce in Oklahoma

To file for divorce in Oklahoma, one of the spouses must have lived in the state for at least six (6) months. This residency requirement ensures that the courts have jurisdiction over your case. Once the divorce is filed, our team at Evan Taylor Law Office will guide you through each step of the process, from initial filings to final resolutions.

Issues in a Divorce

A divorce case can involve:

Frequently Asked Questions

Do you have questions about Divorce in Oklahoma? We are ready and able to discuss with you your questions about your divorce.

Divorce Process

How long does it take to get a divorce in Oklahoma?

Too long. For detailed information see our article on the length of the divorce process for your reference.

The court portion of a divorce can take around 200 days to get to trial in Cleveland County. Some counties are faster, some are slower, and some cases just seem doomed to languish for months and months.

Where do I file for divorce?

In general, you file for divorce in the county where you have lived for the last 30 days or in the county where your spouse has lived for the last 30 days.

Can I get divorce papers online?

Yes, you can buy divorce papers online. Some are good and some are bad. The court papers themselves are not the complicated part of a divorce – just like having a wrench is not the difficult part of changing your car’s alternator. Be careful, lest you may hurt yourself.

How do I file for divorce in Oklahoma?

In order to file for Divorce in Oklahoma you must type up a document called a Petition, sign it, and then deliver it to the court clerk. You must also pay a filing fee.

The Oklahoma courts do not provide any forms or court papers for divorce.

How long do I have to live in Oklahoma to file for a divorce?

Oklahoma law requires that you live in Oklahoma for at least six months before filing for a divorce. However, you can file for a legal separation much sooner.

Do we have to take a parenting class as part of our divorce?

Maybe. Oklahoma allows each court to decide whether parents should have to take parenting classes. It is required in Cleveland County, but not in Oklahoma County.

Does it matter who files first for divorce in Oklahoma?

From a legal stand point, no, it does not. There can be some dramatic and tactical reasons to file first, because it determines who goes first in the trial. Generally, I do not believe it matters in most cases, except the person who files first gets to pay the court filing fee.

Divorce Issues

Should I get a divorce?

This is a question only you can answer. Much like the original question, “Should I marry this person?” You must thoroughly examine the circumstances and decide whether this is the best life decision for you. Before you do, I recommend that you research the consequences by talking to:

  • A close friend about their divorce experience,
  • An experienced counselor/psychologist, or
  • An experienced divorce lawyer.

Then make your best decision. Only you know the answer to this question.

Is there no fault divorce in Oklahoma?

Yes, Oklahoma divorce law allows a couple to divorce without proving that anyone has done anything wrong. Instead, the couple can say that they are incompatible.

What is the difference between legal separation and divorce in Oklahoma?

There are some small differences, but basically a legal separation is all the hard parts of getting a divorce (property division, child custody/visitation, alimony, etc.) without the actual dissolution of your marriage. In other words, you stay married, but the court decides who gets what and decides any custody issues with your kids.

You don’t have to live in Oklahoma for six months to file for legal separation, so people who are in a hurry can file for a legal separation and then later after the time period has passed they change their case to a divorce.

When is a divorce final in Oklahoma?

As soon as the judge says, “You are divorced.” The only restriction after your divorce is that you cannot remarry another person within six months in the state of Oklahoma.

How soon can I remarry after my divorce?

You may not remarry anyone within six months after your divorce in Oklahoma. There are some legal theories that may allow you to remarry sooner outside the state, but I always counsel you to wait.

Can the judge make my ex pay my attorney fees?

Yes, Oklahoma divorce laws do allow the judge to divide the expenses between the spouses and that includes attorney fees.