thinking about filing for a DIVORCE IN OKLAHOMA?
HERE'S WHAT YOU NEED TO KNOW BEFORE YOU FILE
If you’re facing a divorce in Oklahoma, you don’t have to figure it out alone.
Before you jump in, it helps to understand a few important rules and requirements for getting a divorce in Oklahoma. This guide outlines what Oklahoma judges and courts expect, what steps are involved, and common mistakes to avoid. It’s written in plain English to give you a clear picture of the divorce process.
This isn’t legal advice, and it’s not a full set of instructions—but if you need help preparing your forms or want a full set of ready-to-go documents, we offer both affordable DIY forms and step-by-step paralegal support so you can move forward with clarity and confidence.
BEFORE YOU START...
- Residency Requirement: The person filing must have been a resident of Oklahoma for no less than six (6) months and a resident of the county you want to file in for no less than thirty (30) days. This requirement is for the person filing only.
- Determine if your divorce will be contested or uncontested. A contested divorce is when spouses cannot agree on one or more issues (like custody, child support or property division. If this is you, you need a lawyer to help you navigate these turbulent waters. An uncontested divorce is when both spouses agree on everything. If this is you, I can help.
- Choose the service or forms (with or without children) that are appropriate for your particular case.
- Be aware that Oklahoma has a waiting period of ten (10) days for divorces where there are no minor children and ninety (90) days if you have minor children of the marriage.
THE NUMBER ONE RULE - DUE PROCESS
Sometimes called “serving papers,” or “delivering notice,” it all means the same thing: you are notifying the other party that you are filing a case and that they are involved. Legally it is known as “Due Process“.
This is an absolute requirement—it’s the first step in officially starting your case, and you can’t skip it. Here are the options:
If the other party is aware of what is happening and is in agreement, they will sign a waiver of service. Legally, this form is called an Entry of Appearance and Waiver. It is the simplest and most cost-effective option.
If they are unaware of the legal proceeding then you are required to give them notice. You can do this by either hiring a process server or sending certified mail to their last known address.
And if those fail, the final step is filing for Notice by Publication. This is an extra step and an extra hearing where you will be asking the court to allow you publish notice in a newspaper.
Each option is a legal requirement to show you’ve made every effort to let the other party know. Without proof of proper service, the judge will not allow your case to move forward.
BASIC REQUIREMENTS FOR DIVORCE WITH CHILDREN IN OKLAHOMA
OKLAHOMA DEPARTMENT OF HUMAN SERVICES (DHS)
If you are receiving any State benefits through DHS that relate to your child(ren):
- Sooner Care
- Child care assistance
- Help with food (SNAP benefits)
- Or any other family benefit from DHS
then DHS must be notified of your Divorce and then must agree to the Child Support amount/calculation. They are referred to as a Necessary Party. If DHS is not included and they’re supposed to be, the judge may reject your final paperwork or delay your case.
What You Must Do If DHS Is Involved
If DHS provides any kind of financial or medical support for the child, they must:
- Be notified about the case
- Review and approve the child support amount
- Sign the final court order or decree
That means you will need to contact your local Child Support Services office and gather this information from them:
- The name of the DHS attorney assigned to your case
- Their Oklahoma Bar Number
- Their email address
- Their mailing address
You must include this information in your court paperwork, and the DHS attorney will need to receive copies of all proposed orders related to child support. The judge will not sign your final paperwork without DHS approval if benefits are involved.
YOUR RIGHT TO WAIVE CHILD SUPPORT.
You and your ex can choose to give up (waive) child support. That’s legally allowed—but if your child is on SoonerCare (health insurance for kids in Oklahoma) or you get other DHS benefits, it doesn’t mean you stop paying everything. Even if you skip child support, both of you still must pay for “cash medical.”
Think of “cash medical” like your share of insurance costs—SoonerCare is health insurance. Even though it is free to you, the state still expects each parent to contribute someting financially – this is called Cash Medical.
Another thing to be aware of is that no matter if child support is being sought or not, a child support computation MUST BE included with the Final Decree – it is the law.
PARENTING CLASS REQUIREMENT
If you have children under 18, Oklahoma law requires both parents to complete a 4-hour parenting class before the divorce is finalized. The class can be taken online separately, and usually costs around $50. You can find links to approved courses on my Resource page.
WAITING PERIOD FOR DIVORCE CASES WITH MINOR CHILDREN
If you have children under the age of 18, you have to wait 90 days after filing your divorce papers before the judge is allowed to sign the final Decree of Divorce. This waiting period starts the day you file your case.
FINAL DECREE OF DIVORCE
The Final Decree of Divorce is the most important document in your entire case. It is the official court order that ends your marriage and makes all your agreements legally binding. This is the paper the judge signs at your final hearing, and until that happens, nothing you’ve agreed to—about child custody, child support, property, debt, or anything else—is legally enforceable.
Once signed, the court clerk files it in the case record, and your divorce is official. Until then, nothing is enforceable – no matter how many forms you’ve filled out or what you have agreed on.
It’s a good idea to get at least one certified copy of your Final Decree to keep in a safe place. You’ll likely need it later to change your name, divide retirement accounts, or prove your divorce in other legal or financial situations.
WHAT TO KNOW ABOUT CHILD SUPPORT IN A DIVORCE
In Oklahoma, child support is a legal obligation. Both parents are responsible for financially supporting their children, whether they are together or not. When parents separate or were never married, a court can order child support to ensure the child’s basic needs are met—things like housing, food, clothing, health care, and sometimes child care.
Child support is usually calculated using a state formula that considers both parents’ gross monthly incomes, how many children are involved, how much time each parent spends with the child (number of overnight visits), and any extra costs like daycare or health insurance. If either parent already pays support for another child or has other children living with them, that’s factored in too. The calculation also includes medical and dental insurance cost and child care expenses.
To figure out the right amount, you will need income confirmation such as pay stubs, tax returns, proof of expenses, and information about the parents’ work and insurance. It’s important to know that the judge has the final say in the support amount and may adjust it as circumstances change.
Once a child support order is in place, payments are typically taken directly from the paying parent’s paycheck. If not, they can be made online or in person using several other options. You can request that the Oklahoma Child Support Services (CSS) office handle the setup, collection, and enforcement. They can even help locate a parent, establish paternity (who the biological father is), or adjust the support order if needed.
However, CSS does not get involved with custody, visitation or other divorce matters
I created Hometown Legal Forms to make these processes easier to understand and more accessible to regular people like you. You're not alone - I'm here to help you however I can.
LEGAL DISCLAIMER
Hometown Legal Forms is not a law firm, and I am not an attorney. I do not provide legal advice, legal representation, or legal services. The information on this website—including all written content, forms, downloads, products, and services—is provided for general informational purposes only. Using this website, communicating with me, or purchasing any product or service does not create an attorney-client relationship. Nothing on this site should be interpreted as legal advice or as a substitute for advice from a licensed attorney.
All materials and services offered through Hometown Legal Forms are intended for individuals who are representing themselves in legal matters in the State of Oklahoma. I guarantee that the forms I provide are legally formatted, complete, and accepted in all Oklahoma courts. However, I cannot guarantee the final outcome of any case, nor can I predict how any judge will rule in any particular situation. While I strive to help you avoid delays or errors in your paperwork, every legal matter is unique, and results may vary depending on the facts of your case and the discretion of the court.
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All information is provided “as-is” and is used at your own risk. If you are unsure about your legal rights, responsibilities, or how to proceed in your situation, you should consult with a licensed attorney.
I created Hometown Legal Forms to make these processes easier to understand and more accessible to regular people like you. You’re not alone – I’m here to help however I can.