Divorce Passionately Fighting for Your Rights

How to File for Divorce in Oklahoma

Once you meet the residency requirements, you can begin the divorce process by filing a Petition for Divorce. The residency requirements for filing for divorce in Oklahoma include:

  • You will need to have been a resident of the state for at least 6 months prior to filing. 
  • You will need to be a resident of the county you are filing in for at least 30 days

An Oklahoma divorce attorney can be valuable if you intend to end your marriage or your ex-spouse has helped you with a divorce petition. They can help you decide the best options for handling the case and reaching a favorable result in your divorce proceedings. 

How Long Does it Take to Get a Divorce in Oklahoma?

The length and complexity of a divorce will depend on whether you have an uncontested or contested divorce on your hands. An uncontested divorce is when spouses mutually agree to separate and agree on how to settle their disputes (e.g., child custody, property division). 

As a result, the uncontested process may be less complex than a contested divorce, which is a traditional divorce when the parties disagree. Generally, uncontested divorce has a 90-day waiting period (much shorter if the couple does not have children), after which the divorce can be granted, and a contested divorce may take months.

Put 75 Years of Combined Experience on Your Side

Since our doors first opened in 1947 we have been committed to providing a friendly and professional environment for our local clients. Schedule a free initial consultation with Shoemake Law Firm to learn more.

How Much Does it Cost to Get a Divorce in Oklahoma?

In Oklahoma, the cost of divorce can vary depending on a number of factors. 

  1. If both parties are in agreement about the terms of the divorce, it may be possible to file for an uncontested divorce, which is typically less expensive than a contested divorce. 
  2. Hiring a divorce attorney in Osage County will also play a role in the overall cost of the divorce. 
  3. There may be court costs and other associated expenses. 
  4. The actual cost of a divorce will vary depending on the specific circumstances of each case. For example, if there is significant property or assets to be divided, the cost of a divorce will be higher. Similarly, disagreements over child custody or visitation may increase the cost of a divorce.

In general, the more complex the divorce, the higher the cost. It is important to discuss all of these factors with a divorce attorney in Pawhuska to get an accurate estimate of the cost of the divorce.  

Common Divorce Disputes in Osage County, Oklahoma

One of the most contentious steps in a divorce is settling the ensuing disputes, such as:

  • Child custody
    • Child custody may provide physical and/or legal custody to one or both parents, depending on how capable the parents are of meeting the child’s best interests. Learn more about child custody on the Family Law page.
  • Child support
    • Child support is usually paid by the noncustodial parent (the parent who has less time with the child) to the primary custodial parent. The amount of support will depend on both parents’ incomes, calculated from the Oklahoma Child Support Guidelines.
  • Alimony
    • One spouse may also be responsible for paying alimony, or spousal support, for a specified duration to help the other spouse get back on their feet following divorce. A judge will decide alimony based on the supported spouse’s needs and the paying spouse’s ability to provide this support.
  • Property and debt division
    • Property division is also an important dispute to resolve, and it includes the division of both assets and debts. Note that Oklahoma follows the equitable distribution rule, which means the marital (community) property will be divided according to what is fair, not necessarily 50/50.

Is Oklahoma a 50/50 State for Divorce

Oklahoma is not a community property state, meaning the marital property is not automatically divided 50/50 between spouses in a divorce case. Oklahoma follows equitable distribution laws when it comes to marital assets. 

The courts will attempt to develop a fair and equitable distribution that may not be a 50/50 split.

Does It Matter Who Files for Divorce First in Oklahoma?

In Oklahoma, the party who files the original petition for divorce must present their case at trial. Filing early for divorce means paying the filing fee. Being the first to file can offer a strategic advantage, such as: 

  • The family court listening to your petition first
  • More control over the situation from the beginning
  • The chance to make the first impression
  • Choice of court location
  • Control over the pace of the divorce

Is Oklahoma a No-Fault Divorce State

Oklahoma is a “no-fault” divorce state, which means that either party has the right to end the legal relationship upon demand and without regard to the preference of the other spouse.

Oklahoma allows for both no-fault and fault-based divorces. The difference is whether the court will require one spouse to show that the marriage ends because of the other spouse’s behavior.

How Our Pawhuska Divorce Lawyers Can Help

If you and your spouse are on cooperative terms, you can agree on the above disputes on your own outside of the court. However, if you cannot reach an agreement, you will need to go to court and have the judge make the final decision.

Don’t go through your divorce alone. Our experienced Pawhuska divorce attorneys can make sure your spousal and parental rights are being appropriately protected. Shoemake Law Firm, PLLC can help you navigate your divorce from beginning to end.

Schedule a free consultation with our Pawhuska divorce lawyers today to get started. Representing spouses in Osage County, OK. Give us a call today. 


Why Choose Shoemake?

  • Local Knowledge
    A lifelong Oklahoman, Bransford H. Shoemake was admitted to the Oklahoma Bar Association in 1982 and has practiced in the state ever since.
  • Client Focus
    We provide a friendly and professional environment with an acute focus on our clients’ needs and a desire to build long-standing relationships with our clients.
  • Extensive Experience
    We are committed to quality legal work and bring a deep and nuanced understanding of the law to each case.

Contact Us for a Free 15-Minute Consultation

Spanish-Speaking Services Available
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
Put 75 Years of Combined Experience on Your Side