Frequently Asked Questions

---

 Either spouse must have lived in Oklahoma for at least six months before filing for divorce in the state. 

 Yes. Most divorces in Oklahoma are filed on “incompatibility,” which does not require proof of wrongdoing. 

 Courts decide custody based on the “best interests of the child,” considering factors such as each parent’s relationship with the child, stability, and ability to meet the child’s needs. 

Child support is determined using statutory guidelines based on both parents’ gross incomes, the number of overnights, and certain expenses (like health insurance or childcare). 

 Oklahoma divides marital property “equitably” (fairly), which may not always be 50/50. Separate property — owned before marriage or acquired by gift or inheritance — is usually not divided. 

 Yes. Courts may award alimony to help a spouse transition financially after divorce. The amount and duration depend on need and ability to pay. 

 In limited circumstances, Oklahoma law allows grandparents to petition for visitation if it’s in the child’s best interest and certain criteria are met. 

 Child support, custody, and visitation orders can be modified if there’s a substantial change in circumstances affecting the child or parties. 

Oklahoma law requires courts to consider evidence of domestic violence, child abuse, or stalking when deciding custody. A parent with a history of domestic violence may face restrictions on custody or visitation to protect the child’s safety. 

 Yes. If you believe the court made a legal error in your divorce, custody, child support, or other family law case, you may appeal to the Oklahoma Supreme Court or Court of Civil Appeals. Appeals are usually based on mistakes of law or procedure—not simply disagreement with the outcome. Strict deadlines apply (generally 30 days from the final order), so it’s important to contact an attorney promptly to protect your appeal rights.