Oklahoma Divorce Records
What Are the Residency Requirements for Divorce in Oklahoma?
What Are the Grounds for Divorce in Oklahoma?
How Much Does It Cost to File for Divorce in Oklahoma?
How Long Is the Waiting Period for Divorce in Oklahoma?
How To File for Divorce in Oklahoma?
Are Divorce Records Public in Oklahoma?
How To Get Certified Copies of a Divorce Decree in Oklahoma?
Divorce Settlement: Is Oklahoma a 50/50 State?
FAQs about the Divorce Process in Oklahoma

Oklahoma Divorce Records

Despite divorce numbers slightly dropping over the years, Oklahoma still has one of the highest divorce rates in the country – the state reported 3.7 divorces per 1,000 in 2022, significantly higher than the national average of 2.4 per 1,000. Divorce rates in the state are generally higher among African American, Mixed, and Hispanic Oklahomans compared to other ethnicities.

Oklahoma divorce records are maintained locally by County Clerks and are considered open records, meaning that they may be readily accessed by interested members of the public. There are two main types of Oklahoma divorce records:

Divorce Decrees: these are court orders that finalize a divorce. Divorce decrees typically include detailed information on the divorce and its specific terms, such as child custody, visitation, and support, spousal support, and property division.
Divorce Certificates: these are vital records that serve as official proof of the divorce. Divorce certificates typically contain basic information, such as the names of the couple, the divorce date, and the county where it was granted. These documents are often used for legal purposes, like name changes or remarriage.

What Are the Residency Requirements for Divorce in Oklahoma?

Oklahoma Statutes Section 43-102 outlines the residency requirements for divorces in the state. Per this law, you can only file for divorce in Oklahoma if either you or your spouse have resided in the state (or any United States Army post or military reservation located in the state) for at least six months before the petition is filed.

What Are the Grounds for Divorce in Oklahoma?

Divorces in Oklahoma may either be fault-based, where one spouse is considered responsible for the breakdown of the marriage, or no-fault-based, where neither party is considered responsible. Per state law, there are 12 legally acceptable grounds for granting a divorce in Oklahoma, namely:

Abandonment for one year.
Adultery.
Impotence.
If the wife was pregnant by another man at the time of the marriage.
Extreme cruelty.
Fraudulent contract.
Incompatibility – this is the only no-fault-based ground for divorce in Oklahoma. Note that if a child under 18 is involved, the couple must attend a program on the impact of divorce on children.
Habitual drunkenness.
Gross neglect of duty.
Imprisonment for a felony (at the time the divorce petition is being filed).
If either spouse gets a divorce decree in another state that doesn't release them from their marriage obligations in Oklahoma.
Insanity for at least five years. Note that the insane spouse must have been in a state or private institution for at least five years, must have been thoroughly examined by at least three doctors (including the superintendent of the institution), and at least two of these doctors must agree that there is a poor chance of recovery. The spouse filing for divorce must have also lived in Oklahoma for at least five years if the insane spouse is in another state and they will be required to contribute to the insane spouse's support and maintenance.

How Much Does It Cost to File for Divorce in Oklahoma?

It costs about $180 - $200 to file for divorce in Oklahoma (filing fees may be higher in some counties), with the overall cost for the divorce process estimated to be around $9,183 per person. This is lower than the national average of $9,970 per person but higher than costs in adjoining states like Kansas ($8,400) and Arkansas ($8,165). Divorce costs are generally determined by several factors, such as whether the divorce is contested or not, and typically involve expenses like:

Attorney fees
Mediation costs
Parenting classes/Family therapy
Joint debts and property division
Spousal and child support calculations
Relocation expenses

How Long Is the Waiting Period for Divorce in Oklahoma?

Divorces in Oklahoma are typically granted no earlier than 10 days after the divorce petition has been filed. However, in situations where a minor child is involved, the court is statutorily required to wait at least 90 days before issuing a final divorce order, except where there is a valid reason to waive or reduce this waiting period.

Note that waiting periods are not the same as separation periods, which refer to the time couples must spend apart before a divorce. Even though couples may choose to live apart, a separation period is not required for divorces in Oklahoma.

How To File for Divorce in Oklahoma?

The process for filing for divorce in Oklahoma typically involves the following steps:

Determine whether you meet the residency requirements - you and your spouse must have lived in the state for at least six months.
Decide where to file. Under state law, divorces may either be filed in the county where the person filing (the petitioner) has lived for at least 30 days before filing or where the other spouse (the respondent) currently lives.
File necessary paperwork. You may obtain a divorce summons from the County Clerk's office (in the county you chose to file), while other divorce papers may be obtained through an attorney or legal service.
Serve your spouse with the divorce papers.
Enter settlement discussions. This typically involves exchanging information, discussing the terms of the divorce, and determining whether you and your spouse can agree on key issues.
If you and your spouse come to a mutual agreement, you may prepare and file a settlement agreement. However, if you cannot agree, you may attend mediation and/or court hearings. During these court hearings, both you and your spouse will be allowed to present your side of the story on the contested issue(s). For fault-based divorces, you may also be required to provide evidence for the grounds on which you filed the divorce.
Once all matters are resolved (whether mutually or by court decision), the court will issue a final order granting the divorce. Be aware that you cannot remarry or cohabit in Oklahoma for at least six months after your divorce is finalized.

The Oklahoma Bar Association provides online access to free legal resources that you can use to learn more about Oklahoma's divorce process.

Are Divorce Records Public in Oklahoma?

Oklahoma divorce records are considered public records and may be viewed, and copied by anyone, following the state's Open Records Act. Note that the information contained in some of these records may be deemed confidential and/or sealed; access to these types of records is restricted to specific parties, such as the persons named on the record.

How To Get Certified Copies of a Divorce Decree in Oklahoma?

Even though "divorce decree" and "divorce certificate" are often interchangeably used when referring to divorce records in Oklahoma, they are not the same. A divorce decree is a court order that finalizes the divorce and details its terms, while a divorce certificate is a simpler document that serves as legal proof of the divorce.

You may obtain certified copies of Oklahoma divorce records (decrees and certificates) through the County Clerk in the county where the divorce was granted. The specific requirements vary by jurisdiction but typically include submitting a written request (containing information on the required record, such as the name of the couple) and paying a search/copy fee. Contact the relevant County Clerk's office for more information.

Divorce Settlement: Is Oklahoma a 50/50 State?

During a divorce, marital property is either divided equally between spouses, regardless of ownership (community property approach) or "fairly, but not necessarily equally", with consideration to factors like contributions and needs (equitable distribution approach).

Oklahoma follows the equitable distribution approach; under state law, any property jointly acquired by a couple during their marriage is "fairly and justly" divided during a divorce, either by splitting it or assigning it to one spouse and compensating the other. However, this law does not outline any specific factors to be considered for this property division. As such, courts typically have a lot of discretion in determining the amount awarded to each spouse.

FAQs about the Divorce Process in Oklahoma

Here are answers to frequently asked questions about the divorce process in Oklahoma.

How Do I Modify a Divorce Decree in Oklahoma?

Per Oklahoma Statutes Title 43, orders for child custody, support, and alimony may be modified after a divorce decree has been issued if the party requesting the modification can prove a substantial and continuing change of circumstances. You may initiate the process by filing a motion to modify with the court that issued the original decree – the motion should explain the reason for the request and detail the change in circumstances.

Once this is done, the court will typically schedule a hearing where you may provide evidence of the substantial change in your circumstances; note that your ex-spouse will also be given the opportunity to oppose the modification. The court will then review the motion and decide on whether to approve or deny the requested modification(s).

How Do I Enforce a Divorce Decree in Oklahoma?

If your ex-spouse fails to comply with the terms of your divorce decree, you may apply for contempt or a motion to enforce against them in the court of jurisdiction. If the court rules in your favor, it may impose several sanctions on your ex-spouse, including wage garnishment, fines, and jail time.

In situations involving non-payment of child support for up to a year, more than $5,000, or if the other party has left the state, you may also request your local district attorney to file criminal charges against the defaulting party and issue an arrest warrant.

What Are the Restrictions to a Divorce Decree in Oklahoma?

Under state law, child custody, support, and alimony can usually be modified after a divorce decree has been issued if the party requesting the modification can prove a substantial change in their circumstances. However, property division orders are typically considered final and cannot be modified.

Can I Efile My Divorce in Oklahoma?

Oklahoma offers an e-filing system for filing cases online; however, this option is currently only available for attorneys and state agencies. Notwithstanding this, you may still file your divorce papers in person at the courthouse or by any other method offered by the county of filing.

How Do You Serve Divorce Papers in Oklahoma?

Divorce papers in Oklahoma must be served by a deputy sheriff, private process server, or through certified mail; you cannot personally hand the papers over to your spouse. The process server is generally required to file proof of service with the court once the papers have been served, and your spouse has 20 days to file an answer; if counterclaims are made, you must respond to them within 10 days.

Does Oklahoma Mandate Couples to Participate in Divorce Mediation or Counselling?

Mediation is not compulsory for divorces in Oklahoma. However, in cases involving children under 18, the court may require the couple to attend an educational program covering topics like co-parenting, child development, conflict management, and financial responsibilities.

How Do I Seal My Divorce Records in Oklahoma?

You may seal your divorce record by filing a motion with the court that granted the divorce. This motion should outline compelling reasons why the record should be made confidential, such as to protect sensitive information regarding custody or private property. The court will review the motion and may grant the request to seal the record (or a portion of it) if it determines that your privacy concerns outweigh the public's right to access the record. If the request is granted, the court will issue a public order to this effect.

How Does Oklahoma Calculate Alimony?

Oklahoma law does not stipulate a formula for calculating alimony, and courts have discretion on how much to award. However, the amount should be reasonable, with consideration to the value of the property at the time of the divorce.

Alimony in Oklahoma may be paid from one spouse's real or personal property, or through a money judgment, either as a lump sum or in installments. In situations where the alimony is being paid in installments, the amount may be modified or terminated if there is a substantial and continuing change in circumstances that makes it unreasonable to continue the payments, such as if the receiving party remarries, co-habits with someone else, or dies.

How Do I Access Historic Divorce Records in Oklahoma?

Oklahoma divorce records are primarily maintained locally by County Clerks (in the county where the divorce was granted). As such, interested parties who wish to access historic divorce records in the state for genealogy research, academic research, or other purposes may do so by contacting the relevant County Clerk's office. Archived Oklahoma divorce records may also be accessed through the Oklahoma Historical Society and the Oklahoma State Archives (note that record availability via these sources may be limited).