Getting a divorce? Know the laws in Oklahoma

If you’re looking to get a divorce in Oklahoma, there are a few basic things you need to know. For example, the no-fault grounds for divorce in Oklahoma is incompatibility. Understanding that Oklahoma has unusual divorce laws compared to some other states will help you make better choices to protect yourself in the future.

Oklahoma does recognize faults leading to divorce too. Here are a few common questions and answers you should know:

How long do you have to live in Oklahoma before you can get a divorce?

Before you can get a divorce in Oklahoma, you or your spouse must have been a resident for at least six months. You or your spouse has to be a resident in good faith, which means with the intention to work or live within Oklahoma.

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

That depends on a few things. First, you and your spouse need to come up with a separation agreement. If you can do that and file for your divorce, then the divorce is final immediately. If you and your spouse cannot come to an agreement on things like child custody, child support, alimony and other factors, then you may need to go through mediation, arbitration or have hearings to resolve your issues. Once those are finalized, you may apply for and make your divorce official.

The one caveat to making the divorce official right away is that neither person is allowed to cohabit for at least 30 days, or else he or she could be accused and found guilty of adultery. Another restriction is that neither person may marry for at least six months. If they do so, then they will be found guilty of bigamy.

Are there grounds other than “incompatibility” to use for divorce?

Yes, there is also a short list of divorce faults you could use in your divorce. These include:

  • Violence

  • Adultery

  • Cruelty

  • Desertion

  • Alcohol addiction

  • Conviction of a felony

  • Getting a divorce out of state but not releasing the other person

  • Gross neglect

  • Pregnancy at the time of marriage with another party’s child (not the husband)

  • Insanity for at least 5 years

  • Impotency

These are a few reasons for divorce that the court recognizes. However, couples no longer need to list a fault to get a divorce. Doing so may only be a good idea if there is something to gain.

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