How Long Does Divorce Take in Oklahoma

Oklahoma's divorce timeline hinges on one key factor: whether you have minor children. If you do, Oklahoma law mandates a 90-day waiting period from filing; if you don't, the minimum drops to just 10 days. Understanding these timelines—and how incompatibility, the state's dominant no-fault ground, affects your case—is essential for planning your path forward.

Oklahoma's Dual Waiting Periods: 10 Days vs. 90 Days

Oklahoma is one of the few states with split waiting periods that depend on whether minor children are involved:

• No minor children: District Court Rule 8 requires a minimum 10-day waiting period from the date the petition is filed before a divorce can be heard on its merits. In practice, many courts schedule the final hearing 2–4 weeks after filing.
• With minor children: Oklahoma law (43 O.S. § 107.1) imposes a mandatory 90-day waiting period before the court may enter a final decree—though this period can be waived "for good cause shown" when neither party objects.

This 90-day "cooling-off" period is designed to give parents time to consider reconciliation and complete required parenting education. If your divorce is based on incompatibility and involves a child under 18, both adult parties must attend an educational program about the impact of divorce on children (43 O.S. § 107.2).

Incompatibility: Oklahoma's No-Fault Standard

Oklahoma recognizes both fault and no-fault grounds for divorce (43 O.S. § 101), but "incompatibility" is by far the most common basis. The Oklahoma Supreme Court defines incompatibility as "such a conflict of personalities as to destroy the legitimate ends of matrimony and [the] possibility of reconciliation."

Why does incompatibility matter for your timeline? If you file under incompatibility and have minor children, you'll need to complete the parenting education requirement before your final decree can be entered. While Oklahoma still allows fault-based grounds (abandonment, adultery, extreme cruelty, etc.), alleging fault rarely changes the timeline or outcome—judges can grant a divorce based on incompatibility without proof of wrongdoing.

Uncontested Divorce Timeline: 2-6 Weeks

If you and your spouse agree on all terms—custody, property division, and support—Oklahoma offers a relatively quick path to finalization. Most uncontested divorces without children can be finalized in 2-6 weeks, depending on court schedules and how quickly your paperwork is completed.

The uncontested ("waiver") divorce process works like this:

1. Day 0: File your verified Petition for Dissolution of Marriage in Oklahoma District Court and pay the filing fee (typically $250–$265, varying by county).
2. Day 1+: Your spouse signs a notarized Entry of Appearance and Waiver of Service—but this must be done at least one full day after the petition was filed (many county clerks strictly enforce this timing).
3. Day 10+ (no kids) or Day 90+ (with kids): The court schedules your final "prove-up" hearing to review your settlement agreement and enter the final decree.

Important note: When your spouse waives service, an Automatic Temporary Injunction (ATI) immediately takes effect (43 O.S. § 110). This statutory order restrains both parties from disposing of property, canceling insurance, or harassing each other until the final decree is entered.

Contested Divorce Timeline: 6-18 Months

When spouses can't agree on custody, property, or support, Oklahoma divorces move through a more complex process. Contested divorces typically take 6 to 18 months (sometimes longer in high-conflict custody cases), depending on court backlogs, discovery needs, and mediation outcomes.

The contested process includes:

• Filing and Service (Weeks 1-4): File your petition and serve your spouse. Oklahoma requires service within 180 days of filing or the case is deemed dismissed (12 O.S. § 2004). Your spouse has 20 days to answer (or 35 if that option was selected).
• Temporary Orders (Months 1-3): Either party can request temporary orders for custody, support, or exclusive use of the marital home. Under the 2024 amendments to § 110, courts should set a substantive temporary-orders hearing within 30 days of scheduling when domestic violence is not alleged.
• Discovery and Parenting Education (Months 2-8): Both parties exchange financial disclosures, tax returns, and property records. If children are involved and the case is based on incompatibility, you'll complete the required parenting class.
• Mediation and Settlement (Months 3-12): Judges frequently order mediation in contested custody cases, though domestic violence concerns may alter or preclude this requirement.
• Trial (Months 6-18+): If no settlement is reached, your case goes to trial. The court issues detailed orders covering custody, child support (with a mandatory computation form attached), property division, and any support alimony.

Pre-Filing Requirements: Residency and Venue

Before you can file for divorce in Oklahoma, either you or your spouse must have been an Oklahoma resident for six months immediately before filing (43 O.S. § 102). This includes residents of U.S. Army posts or military reservations within Oklahoma.

You'll file in the Oklahoma District Court either in the county where you've resided for the 30 days immediately before filing, or in the county where your spouse resides (43 O.S. § 103).

Estimate Your Oklahoma Divorce Costs

Understanding your timeline is essential—but so is planning for the financial impact. Use our free calculator below to estimate filing fees, service costs, parenting education expenses, and potential attorney's fees based on your specific situation.

Planning Your Oklahoma Divorce Timeline

Oklahoma's dual waiting periods—10 days without children, 90 days with children—make it crucial to understand which timeline applies to your case. If you and your spouse can reach agreement on all terms, an uncontested divorce can be finalized in as little as 2-6 weeks (once the applicable waiting period expires). Contested cases involving custody or complex property issues will take significantly longer—typically 6-18 months or more.

The key to an efficient Oklahoma divorce? Thorough preparation. Complete your parenting education early if required, gather financial documents proactively, and work toward settlement wherever possible. For detailed filing instructions, review our comprehensive Oklahoma divorce filing checklist. Every issue you resolve outside the courtroom saves both time and money—and helps you move forward sooner.