Divorce Resources in Oklahoma: Court Forms, Legal Aid & Filing Guide

To file for divorce in Oklahoma, you must have been a resident of the state for at least six months immediately preceding the filing date, as required by 43 O.S. § 102. File a Petition for Dissolution of Marriage in the district court of the county where you or your spouse resides. Oklahoma recognizes twelve grounds for divorce under 43 O.S. § 101, including incompatibility (no-fault), abandonment for one year, adultery, impotency, extreme cruelty, habitual drunkenness, gross neglect of duty, imprisonment for a felony, and insanity for five years. You must also file a Civil Cover Sheet and a Summons with your petition. Filing fees vary by county, typically ranging from $183 to $262, and must be paid to the court clerk at filing.

After filing, you must serve your spouse with copies of the petition and summons. Service may be completed by county sheriff ($50–$75), licensed process server, or certified mail under 12 O.S. § 2004. Your spouse has 20 days to file an Answer if served in Oklahoma, or 30 days if served out of state. If your spouse does not respond, you may request a default judgment. Oklahoma imposes a mandatory 10-day waiting period for divorces without minor children and a 90-day waiting period when minor children are involved, per 43 O.S. § 107.1. The waiting period begins from the date the petition is filed and cannot be waived.

Both parties must provide mandatory financial disclosures under 43 O.S. § 110, including two years of federal and state tax returns with supporting W-2s, 1099s, K-1s, and Schedules C and E; two months of recent pay stubs from each employer; and six months of bank statements for all accounts held individually, jointly, or for the benefit of minor children. If minor children are involved and the divorce is filed on incompatibility grounds, both parents must complete a court-approved educational program on the impact of divorce on children under 43 O.S. § 107.2(B). A final custody disposition cannot be entered until both parents file certificates of completion with the court.

Oklahoma requires a court-approved co-parenting educational program for all divorces involving minor children under age 18. Under 43 O.S. § 107.2(B), in any action for divorce based on incompatibility filed on or after November 1, 2014, where the interest of a minor child is involved, both adult parties shall attend an educational program concerning the impact of divorce on children. The court cannot enter a final disposition of child custody until both parents complete the program and file certificates of completion. Each judicial district may adopt local rules governing approved programs and scheduling. For all other grounds of divorce, the court may order the program under 43 O.S. § 107.2(A). The court may waive attendance for good cause, including cases involving domestic violence, stalking, or harassment as defined in 43 O.S. § 109(I)(2). Programs typically cost $25–$50 per person and are approximately four hours in length.

Oklahoma does not require mandatory mediation statewide in divorce cases, but the court has discretionary authority to refer disputes to mediation. Under 43 O.S. § 107.3, when property, separate maintenance, or custody is at issue, the court may refer the issue to mediation if feasible. However, the court shall halt or suspend mediation if a party asserts or it appears that domestic violence or child abuse has occurred, unless the mediator has substantial training in domestic violence dynamics and the victim is capable of negotiating without an imbalance of power. If domestic violence is alleged, the victim parent must request mediation. Mediation in Oklahoma also operates under the Oklahoma Dispute Resolution Act (12 O.S. § 1801 et seq.) and Oklahoma Rules for District Courts Rule 1.22, which authorize judges to refer family law cases to mediation to encourage settlement. The Oklahoma Office of Alternative Dispute Resolution and Management (oklahoma.gov/oamp) provides referrals to court-connected mediation programs statewide. Individual judicial districts may adopt local rules that effectively require mediation before trial, particularly in contested custody matters.

Oklahoma mandates automatic financial disclosure in all divorce proceedings under 43 O.S. § 110. Both parties must exchange the following documents: federal and state income tax returns for the past two years, including all supporting documentation such as W-2 forms, 1099 forms, K-1 forms, Schedule C, and Schedule E; any nonpublic, limited partnership, and privately held corporate returns for entities in which either party has an interest; two months of the most recent pay stubs from each employer; and statements for the past six months for all bank accounts held individually, jointly, in another person's name for the benefit of either party, or held by either party for the benefit of minor children. If a required document is unavailable, the party must state in a verified writing under penalty of perjury which document is missing, why it is unavailable, and what efforts were made to obtain it. Both parties have a continuing duty to supplement disclosures as additional information becomes available. These mandatory disclosures do not limit either party's right to conduct further discovery under the Oklahoma Discovery Code.