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Oklahoma law

Family Laws in Oklahoma.

Oklahoma recognizes both fault and no-fault grounds for divorce. The no-fault ground is "incompatibility," which either party can allege. Oklahoma has 12 fault-based grounds including adultery, abandonment, impotency, and habitual drunkenness. Oklahoma has a 10-day waiting period after filing (90 days if minor children are involved). Property is divided by equitable distribution, and Oklahoma recognizes common-law marriage.

Last verified: 2026-02-25

State law

Statute of Limitations

6-month residency; 10-day or 90-day waiting period43 O.S. §§ 102, 107.1

At least one spouse must be a resident of Oklahoma for 6 months before filing. A 10-day waiting period applies from the date of filing before a decree can be entered. If minor children are involved, the waiting period extends to 90 days.

State law

Key Oklahoma Statutes

Grounds for Divorce43 O.S. § 101

Oklahoma recognizes 12 grounds for divorce: incompatibility (no-fault), abandonment (1 year), adultery, impotency, wife's pregnancy by another at time of marriage, extreme cruelty, fraudulent contract, habitual drunkenness, gross neglect of duty, imprisonment for a felony, insanity (5 years), and procurement of a divorce in another state.

Property Division (Equitable Distribution)43 O.S. § 121

Oklahoma divides marital property equitably. Property acquired during the marriage through joint industry is considered marital property. Property acquired before marriage, by gift, or by inheritance is separate property. Courts consider length of marriage, contributions, earning capacity, and conduct.

Custody (Best Interests)43 O.S. §§ 109, 109.4

Oklahoma courts determine custody based on the best interests of the child. Joint custody is favored when both parents are fit. The court considers the child's preference if of sufficient age and maturity, moral fitness, domestic violence history, and stability of each home environment.

Child Support (Income Shares)43 O.S. § 118

Oklahoma uses the income shares model with detailed guidelines. Both parents' gross incomes are combined and applied to a child support schedule. Adjustments are made for health insurance, childcare, and the number of overnights with each parent.

Alimony (Spousal Support)43 O.S. § 121

Oklahoma allows three types of alimony: support alimony (periodic payments based on need), transitional alimony (bridge to self-sufficiency), and alimony in lieu of property division. Courts consider length of marriage, earning capacity, standard of living, age, health, and contributions to the marriage.

Common-Law Marriage43 O.S. § 1 (case law)

Oklahoma is one of few states that still recognizes common-law marriage. Requirements: mutual consent to be married, cohabitation, and holding themselves out as married. No minimum cohabitation period is required. Common-law marriages require formal divorce proceedings to dissolve.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oklahoma.

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