2. Does Oklahoma have a waiting period? Yes, if you have children, the state will not grant you a divorce until at least 90 days after you file, unless you can provide a good reason why the waiting period should be waived. The court may require you and your spouse to attend a parenting education program during this time. If you take part in marital or family counseling during this time and the court finds that your chances of reconciliation are unlikely, it may hold a hearing before the 90 days is up.
The waiting period does not apply if you file for divorce on any of the following grounds:
- Your spouse has abandoned you and been gone at least a year.
- Your spouse is extremely cruel.
- Your spouse is habitually drunk.
- Your spouse is in prison for a felony.
- Your spouse has been granted a divorce from you in another state that isn’t valid in Oklahoma.
- Your spouse has been insane for at least five years, living in an institution for the insane and with a poor prognosis for recovering.
3. Does the state have grounds for divorce?
Yes, in Oklahoma you may file for a divorce on these grounds:
- Your spouse has abandoned you and been gone at least a year.
- Your spouse has committed adultery (had an affair).
- Your spouse is impotent.
- Your wife was pregnant by another man when you married.
- Your spouse is extremely cruel.
- Your spouse misrepresented something significant to you that would have changed your decision to marry (fraudulent contract).
- You and your spouse are incompatible.
- Your spouse is habitually drunk.
- Your spouse refuses to contribute toward basic necessities (gross neglect of duty).
- Your spouse is in prison for a felony.
- Your spouse has been granted a divorce from you in another state that isn’t valid in Oklahoma.
- Your spouse has been insane for at least five years, living in an institution for the insane and with a poor prognosis for recovering.
To determine this, your spouse:
- Must have been evaluated by three physicians, one of whom is the superintendent of the institution where your spouse has been living (the other two will be court-appointed). Two of those three physicians must agree that your spouse has little hope of recovery.
If your spouse is living in an institution outside of Oklahoma, then you:
- Must have been a resident of the state for at least five years before filing. You may still be responsible for supporting your spouse.