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Can You Get Divorced in Oklahoma?

Posted by E. W. Childers | Aug 16, 2019 | 0 Comments

Is There a Rule?

Yes there is. Divorce in Oklahoma is governed by 43 O.S. §102 of the Oklahoma Statutes.

The basic rule governing whether you can get divorced in Oklahoma is that

(1) either you or your spouse must have lived in Oklahoma for at least six months and still presently reside in Oklahoma when the divorce is filed, and:

(2) either you or your spouse must have lived within the county in which you are filing your divorce for at least 30 days and still presently reside within that county when the divorce is filed.

Example: Joe and Mary want a divorce. They've lived in Oklahoma for 7 months. They just moved to Shawnee, Oklahoma 35 days ago (Shawnee is in Pottawatomie County).  They are eligible to file for divorce in Oklahoma so long as they do so in Pottawatomie County District Court.

After I've Filed Do I Have to Keep Living Here?

Nope. Interestingly, neither party is required to maintain their residence (or any residence) in the county when the divorce is granted. They only need to prove that one or both of them lived in the County when the petition was filed. For that matter, continuing to live in Oklahoma is not actually required either so long as either party lived in Oklahoma for at least six months when the petition was filed.

Wait, I'm in the Military, I'm Just Here Because They Make Me.

There are special rules for military personnel and their spouses because of the way that the Armed Forces station personnel.  Permanent residence is not required but a party to the marriage must have been assigned to duties in Oklahoma (or accompanying a spouse who has) for at least six months prior to filing for divorce.

If you need help with a family law issue in Oklahoma, then get the help you need. Call a divorce lawyer at (405) 310-9890.

About the Author

E. W. Childers

I am a husband, father, Army veteran, and attorney here in Norman, Oklahoma. I've been practicing law throughout Central Oklahoma since 2006 shortly after I graduated from the OU College of Law. In my practice I have emphasized Family Law, Criminal Defense, and Personal Injury. I like to help peo...


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