Divorce in Oklahoma

Nicknamed The Sooner State, Oklahoma has a significantly high divorce rate, and you’re better off being acquainted with Oklahoma divorce laws sooner than later.

To file a divorce in Oklahoma, you or your spouse must have been a resident of Oklahoma for six months immediately preceding the filing of the petition. This also includes persons in U.S. army posts or military reservations within Oklahoma.1 The only exception is if you’re filing based on the ground of insanity.

Oklahoma provides both fault and no-fault grounds for divorce. You can get a no-fault divorce (no spouse is at fault) for the reasons of “incompatibility.” Fault-based reasons for divorce in Oklahoma include abandonment for a year, impotence, extreme cruelty, fraudulent contract, adultery, gross neglect, habitual drunkenness, or if the wife was pregnant for another man unknowingly, or insanity for five years.2

Oklahoma is an equitable distribution property state, and only property acquired during the marriage is subject to division. Oklahoma divorce laws attempt to distribute marital property in a manner believed to be both fair and equitable. The judge will consider factors such as non-monetary contributions and economic misconduct during the property division case.3

1OK ST T.43 § 102

2OK ST T.43 § 101

3OK ST T.43 § 121