Divorce Laws in Tulsa County: What You Need to Know

Divorce laws in Tulsa County can vary from others throughout the state. If you are contemplating or currently going through a divorce in Tulsa County, understanding Oklahoma’s divorce laws can help you navigate the process more effectively. This guide covers the key aspects of Tulsa County divorce laws, including grounds for divorce, filing procedures, property division, child custody, and support obligations.

Grounds for Divorce in Tulsa County

Oklahoma is ultimately a no-fault divorce state. This means that you do not need a reason to want to get a divorce. Simply not wanting to be married any longer is sufficient under Oklahoma law. Some people might believe that adultery or abandonment can accelerate the process, but more often than not they have no bearing on the outcome.

In instances of domestic violence, the court will do its best to employ measures that will ensure the safety of the victim. For example, the court will usually combine a protective order case with a divorce proceeding. Doing this helps to make sure that issues involving the protective order are not overlooked in the family proceeding since they are linked. The court will further award attorney fees to the victim in most circumstances upon application.

Residency Requirements for Filing Divorce in Tulsa County

Before filing for divorce, at least one spouse must meet Oklahoma’s residency requirements:

• The petitioner (the spouse filing for divorce) must have lived in Oklahoma for at least six months before filing.
• Either spouse must file for divorce in the county where they have lived for at least 30 days.

For Tulsa County residents, you will file the divorce petition with the Tulsa County District Court. Depending on the judge, they will require you to sign the document by hand and not electronically. This requirement serves as a way to limit people stating they live in the county while residing somewhere else entirely.

The Divorce Process in Tulsa County

The petition for dissolution of marriage is the first step. The petitioner must submit the necessary documents to the Tulsa County District Court Clerk and pay the required filing fee. The other spouse (the respondent) is then served with divorce papers.

The respondent has 20 days to file an answer, agreeing or contesting the divorce terms. If both spouses agree on all issues (uncontested divorce), the process is relatively quick. However, if there are disagreements (contested divorce), the court may require mediation, negotiation, or a trial. If the couple has minor children, Oklahoma law requires a 90-day waiting period before the court can finalize the divorce. This waiting period is waivable in certain circumstances, such as domestic violence cases.

After resolving all issues, the court issues a decree of dissolution of marriage, officially ending the marriage.

Property Division in Tulsa County

Oklahoma follows the equitable distribution rule, meaning marital assets are divided fairly, but not necessarily equally. Factors the court considers include:

• The financial situation of each spouse
• Contributions to the marriage (including homemaking)
• Fault in the marriage (if applicable)

Separate property (from before marriage or through inheritance) is generally not subject to division.

Child Custody and Visitation

Judges base child custody decisions on the best interests of the child, considering:

• Each parent’s ability to provide for the child
• The child’s relationship with each parent
• Any history of domestic violence or substance abuse

Oklahoma courts prefer joint custody when possible but may award sole custody if it is in the child’s best interest. Parents may negotiate visitation schedules, or the court will impose one.

Spousal Support (Alimony)

Alimony is not automatic in Oklahoma, but courts may award it due to:

• One spouse’s financial need
• The other spouse’s ability to pay
• The duration of the marriage
• Contributions made to the marriage (e.g., supporting a spouse’s career)

Alimony can be temporary, short-term, or permanent, depending on the circumstances.

Tulsa County Divorce Attorneys

Navigating a divorce in Tulsa County involves legal complexities, from filing requirements to child custody and financial obligations. Whether your divorce is amicable or contested, understanding Oklahoma divorce laws can help you make informed decisions. Our firm has the expertise necessary to get you through your divorce with ease.

If you are facing divorce, contact the Tulsa divorce attorneys at Kania Law Office by calling us at (918)–743-2233 or online.