Residency Requirements:
In order to file for divorce in Oklahoma, one of the spouses must
have been a resident of Oklahoma for at least 6 months prior to
filing. [Oklahoma Statutes Annotated; Title 43, Sections 102 and 103].
Legal Separation:
Either spouse may file for alimony without seeking a divorce on the
following grounds of adultery; impotence; abandonment for 1 year;
imprisonment; confinement for incurable insanity for 5 years; cruel
and inhuman treatment; drunkenness; wife was pregnant by another at
the time of marriage; gross neglect; and incompatibility. [Oklahoma
Statutes Annotated; Title 43, Sections 101 and 129].
General Divorce Procedure:
Separation agreements are specifically authorized by statute.
Mediation or Counseling:
The court may appoint an arbitrator if there is joint custody dispute
after the divorce takes place. [Oklahoma Statutes Annotated; Title 43,
Section 109].
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Grounds for Oklahoma Divorce:
No-fault:
Oklahoma recognizes only incompatibility between the parties
as the no-fault grounds for divorce.
Fault-based:
The numerous Fault-based grounds include adultery, impotence,
abandonment for 1 year, imprisonment, confinement for 5 years
for permanent insanity, cruel and inhuman treatment, drunkenness,
wife was pregnant by another at the time of marriage, gross neglect,
fraud, and foreign divorce which is not valid in Oklahoma.
[Oklahoma Statutes Annotated; Title 43, Section 101].
Where to file for divorce:
File the petition in the County of the plaintiff, if the plaintiff
has been a resident of the state for 30 days, or in the defendant’s
county.
Title of Divorce action:
Petition for Divorce.
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