Divorce in Oklahoma

Divorced parties can’t remarry or cohabitate for six months


Even if both partners in a marriage recognize that the relationship has run its course, contemplating and carrying out a divorce action can be painful. Experts say many people describe the trauma as bad as a death in the family. Accordingly, in addition to a compatible, experience divorce attorney, a professional counselor or grief therapist can be of immense value.

Addressing domestic violence

Furthermore. say experts and legal authorities, if the family equation includes domestic violence it should be addressed immediately.

Resources to deal with domestic violence in Oklahoma include:

Grounds for divorce

According to the Oklahoma Bar Association’s Web page on divorce, “Although there are 12 grounds for divorce in Oklahoma, only a few are commonly used. They are:

  • Incompatibility
  • Gross neglect of duty to support
  • Extreme physical or mental cruelty
  • Abandonment for a period of one year
  • Adultery

Residency requirements

If either party has been a bona fide resident of Oklahoma for six months, either party can file for divorce, in a county where one of the parties has resided for at least 30 days. Military personnel can file–or be filed upon–after residing on an Oklahoma-based military installation for six months.

Unusual aspects: Divorce can take effect in 10 days. . .

According to the bar association, “If both parties are in agreement to the divorce and there are no children, a divorce may be granted 10 days after the filing of the petition. It is necessary for your spouse to execute a waiver which will include a waiver of process.

“In a divorce where there are minor children involved, there is a 90-day waiting period from the date of service of the summons, the first date of publication or an entry of appearance by the defendant, whichever occurs first.

“The 90-day waiting period may be waived under certain circumstances. If your spouse hires an attorney and contests the action, the case could take longer than 90 days.”

. . . but no remarriage for six months

In Oklahoma, a divorce “is final the day you go to court and the divorce is granted. You are a single person once the judge pronounces you divorced. However, Oklahoma law prohibits remarriage or cohabitation with a third party for six months following the decree. Should you and your spouse decide to reconcile during this period, a joint application can be filed in the court and the decree will be set aside, so long as neither party has remarried a third party during the interim.”

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