General Oklahoma Divorce Process

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Divorce Frequently Asked Questions

Below are the answers to some of the most frequently asked questions.

Does Oklahoma have a waiting period for getting a divorce granted?

Yes:

  • If the case involves minor children, the waiting period is 90 days from the date of filing, with certain exceptions. See 43 O.S. § 107.1(A)(1).
  • If the case is uncontested and does not involve minor children, then the waiting period is 10 days.

What are the residency requirements to get a divorce in Oklahoma?

For an Oklahoma district court to grant you a divorce you must have been a resident of the state for at least six months. See 43 O.S. § 102. This is called jurisdiction.


For a particular Oklahoma district court to grant you a divorce, you must have lived in the county for at least 30 days. See 43 O.S. § 103. This is called venue.

Does the retainer last the life of my case? How do attorneys bill?

Whether the retainer covers your entire case depends on how many hours the attorney has to spend on your matter. Typically, a contentious case will not be resolved within the life of the retainer. 


The attorneys at Parsons, Graham & Day charge by the hour. For instance, thirty minutes spent drafting a document would be entered as a .5 or half of an hour.

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Who pays child support in a divorce case? How is child support calculated?

Child support is paid by the obligor. See 43 O.S. § 118A(6). The non-custodial parent is the parent who has 182 overnights or less - less than half of the 365 days in the year. See 43 O.S. § 118A(5).


Child support is calculated through a formula taking into consideration, among other things, gross income of the parties (see 43 O.S. § 118B), certain income deductions such as other children in the home (see 43 O.S. § 118C), the amount of parenting time (see 43 O.S. § 118E), health insurance or Soonercare coverage (see 43 O.S. § 118F), and child care costs (see 43 O.S. § 118G). See 43 O.S. 118D.

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How do courts award custody?

Courts in Oklahoma use the best interest of the child standard. See 43 O.S. § 109. Best interest of the child requires an evaluation of factors such as the desires of the child, stability of the home, emotional and developmental needs of the child, and so on. See In re Guardianship of H.D.B., 2001 OK CIV APP 147, ¶ 15, 38 P.3d 252. The best interest of the child is the paramount concern for the court in custody disputes.