In Oklahoma, the law allows couples to end their marriage without assigning blame through a no-fault divorce. This option can simplify the process, reduce conflict, and make it easier to move forward. Here’s what you need to know about how this type of divorce works in Oklahoma.
What Is a No-Fault Divorce?
In a no-fault divorce, neither spouse has to prove wrongdoing by the other. Instead, one spouse only needs to claim that the marriage has become “irretrievably broken” or that there are “irreconcilable differences.” This means the couple cannot resolve their issues and do not believe reconciliation is possible.
This is different from a fault-based divorce, which requires proving specific misconduct, such as adultery, abandonment, or cruelty.
Filing for a No-Fault Divorce in Oklahoma
To file for a no-fault divorce, you or your spouse must meet residency requirements. You must live in Oklahoma for at least six months before filing and you must file the divorce in the county where either spouse resides.
The process typically involves:
- Filing a Petition – One spouse files a divorce petition with the district court, citing incompatibility as the reason.
- Serving the Other Spouse – The other spouse is formally notified, or served with the divorce papers, and has the opportunity to respond.
- Temporary Orders (if needed) – The court may issue temporary orders for custody, child support, or spousal support while the divorce is pending.
- Settlement or Trial – If both spouses agree on property division, custody, and support, the divorce can be finalized quickly. If not, the court will decide these issues at a hearing or trial.
Waiting Periods
Oklahoma requires a waiting period before courts can finalize a divorce:
- 90 days if the couple has minor children (unless waived under certain conditions).
- No waiting period if there are no minor children and both parties agree.
Key Issues
Even without assigning blame, a no-fault divorce still requires resolving important matters, such as:
- Division of marital property and debts.
- Child custody and visitation arrangements.
- Child support and spousal support (alimony).
These issues are often handled through negotiation, mediation, or—if necessary—court hearings.
What are Some of the Benefits?
There are several benefits to choosing a no-fault divorce, such as:
- Less Conflict – No need to prove misconduct reduces tension.
- Privacy – Personal details about wrongdoing do not become part of the court record.
- Faster Resolution – Often quicker and less expensive than a contested fault-based divorce.
- Focus on Solutions – Helps couples work toward fair agreements rather than reliving past problems.
Do You Need an Attorney?
Even in a no-fault divorce, legal issues can become complicated, especially when children, shared property, or spousal support are involved. An experienced family law attorney can:
- Help negotiate fair settlements.
- Ensure your rights and financial interests are protected.
- Guide you through court procedures to avoid costly mistakes.
Wagoner Divorce Attorneys
A no-fault divorce in Oklahoma allows couples to end their marriage without blaming either party for the breakup, focusing instead on resolving issues and moving forward. While the process is generally simpler, it’s still important to approach it with legal guidance to protect your rights and interests. Our team at Wagoner County Attorneys is here to give you the answers you need. For a free consultation, call us today at 918-283-7394, or reach out to us on our Ask A Lawyer page.
