Divorce Attorney in Tulsa

Oklahoma Divorce Law: What You Need to Know Before Filing

Oklahoma calls divorce a Dissolution of Marriage, and the filing document is a Petition for Dissolution of Marriage. Before you can file in Tulsa County, at least one spouse must have been an Oklahoma resident for six months, and the filing spouse must have lived in the county for at least 30 days.

Grounds for Dissolution of Marriage in Oklahoma

Oklahoma recognizes 12 statutory grounds for divorce under Okla. Stat. tit. 43, § 101. Incompatibility is the most commonly used. It’s a no-fault ground, meaning one spouse alleging the marriage has broken down is sufficient; the other spouse’s agreement isn’t required. The remaining 11 grounds are fault-based:

• Abandonment for at least one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Impotency
• Habitual drunkenness
• Gross neglect of duty
• Imprisonment for a felony at the time the petition is filed
• Pregnancy of the wife at the time of marriage by someone other than the husband
• A divorce decree from another state that does not fully dissolve the Oklahoma marriage
• Institutionalized insanity for five or more years

Waiting Periods & the Co-Parenting Education Requirement

Once a petition is filed, Oklahoma law imposes a mandatory waiting period before a final order can be entered. For divorces without minor children, the minimum wait is 10 days from the filing date. When minor children are involved, the waiting period extends to 90 days, though the court may waive it for good cause if neither party objects.

Parents of minor children must also complete a court-approved co-parenting education program before the court can finalize the divorce. Both parents must file certificates of completion. This requirement applies whether the divorce is contested or uncontested.

Property Division & Post-Decree Restrictions

Oklahoma is an equitable distribution state. Marital property is divided as the court considers just and reasonable, which may not mean equal. Separate property owned before marriage is confirmed to each spouse. Complex assets, including a family home, retirement accounts, and closely held businesses, may require professional valuation before the court can divide them, and contested cases involving these assets typically take longer to resolve.

After a decree is entered, parties may not remarry anyone other than their former spouse within Oklahoma for six months from the date of the decree. This restriction is specific to Oklahoma law and doesn’t govern remarriage in other states.

Child Custody & Parenting Time in Tulsa County

Tulsa County judges apply the best-interests-of-the-child standard in all custody and parenting time decisions, considering each parent’s involvement in the child’s life, the child’s individual needs, and the parents’ ability to cooperate. We help clients present information clearly and develop realistic, workable parenting plans that reflect school schedules, each parent’s role, and any special circumstances relevant to the family.