Divorce Law Basics in the State of Oklahoma

Also See: Oklahoma Marriage Laws

Statute: Oklahoma State Divorce Code (Title 43, Sections 101, 102 & 103)

No-Fault Grounds:

• Incompatibility

At-Fault Grounds:

• Abandonment for one year
• Adultery
• Impotency
• At the time of marriage, the wife was pregnant by another man
• Extreme cruelty
• Fraudulent contract
• Habitual drunkenness
• Gross neglect of duty
• Imprisonment in a penal institution for the commission of a felony at the time of filing
• Proof of insanity for a period of five years

Residency: Either party must be a resident of the state for at least 6 months prior to filing

Legal Separation Recognized? Yes, for the causes for which a divorce would be granted. Alimony, property distribution and child support can be awarded.

Remarriage Provisions: Neither party can marry another other than the divorced spouse for a period of six months after the divorce decree has been granted.

Counseling Requirements: The court shall require the parties to attend parenting education classes if a minor child is involved.

Property Distribution: Oklahoma relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party at the discretion of the court.