Filing for divorce in Oklahoma? Whether your case is uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues) dramatically affects your timeline, costs, and stress level. Oklahoma offers one of the shortest waiting periods in the nation for couples without children—just 10 days from filing. Choosing the right approach can help you minimize divorce costs.
Oklahoma recognizes both fault and no-fault grounds for divorce. The most common no-fault ground is "incompatibility"—sufficient to dissolve any marriage without proving wrongdoing. At least one spouse must have been an Oklahoma resident for six months before filing.
Quick Comparison: Uncontested vs Contested
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Both parties agree on all issues | One or more issues disputed |
| Timeline | 10 days (no kids) / 90 days (with kids) | 6-12+ months |
| Total Cost | $250-$3,000 | $7,500-$15,000+ |
| Court Hearings | Brief prove-up hearing | Multiple hearings, trial likely |
| Attorney Needed? | Optional (DIY possible) | Highly recommended |
What is an Uncontested Divorce in Oklahoma?
An uncontested (or "waiver") divorce means you and your spouse agree on all major issues including property division, debts, alimony, and (if applicable) child custody and support. The respondent signs a notarized Entry of Appearance and Waiver of Service at least one day after the Petition is filed.
Oklahoma has different waiting periods based on whether you have children. Without minor children, a judge can finalize your divorce after just 10 days from filing. With minor children, you must wait 90 days (though this can be waived for good cause with no objection).
What is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or alimony. The respondent has 20 days after service to file an Answer (or 35 days if that option is elected on the summons).
Contested cases involve formal discovery, temporary orders hearings, and often court-ordered mediation for custody disputes. If settlement fails, the case proceeds to trial where the judge decides all disputed issues.
Cost Comparison
Uncontested Divorce Costs
- Filing fee: $250-$265 (varies by county)
- Summons issuance: ~$10
- Sheriff service: ~$50 (or free with waiver)
- Parenting class (if children): $15-$60
- Attorney (optional): $750-$2,000 for document prep
- Total typical range: $250-$3,000
Contested Divorce Costs
- Filing fees: $250-$265 plus motion fees
- Attorney fees: $250-$400/hour; typical total $7,500-$15,000+
- Discovery costs: Depositions, subpoenas, expert witnesses
- Custody evaluation: $2,000-$5,000 if needed
- Total average: $7,500-$15,000+ depending on complexity
Calculate Your Estimated Divorce Costs
Use our free calculator to estimate your total Oklahoma divorce costs based on whether your case is uncontested or contested.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Timeline Comparison
Uncontested (no children): Oklahoma's 10-day waiting period is among the shortest in the nation. Most uncontested cases without children finalize in 2-4 weeks from filing. For more details, see our Oklahoma divorce timeline guide.
Uncontested (with children): The 90-day waiting period applies, though it can be waived for good cause. Both parents must complete a parenting education class before finalization.
Contested: Expect 6-12 months or longer. Complex custody disputes or high-asset cases can extend to 18+ months.
Frequently Asked Questions
What are Oklahoma's residency requirements?
At least one spouse must have been an Oklahoma resident (or stationed on a U.S. Army post in Oklahoma) for six months immediately before filing.
What is the Automatic Temporary Injunction?
Upon service or waiver, Oklahoma's statutory ATI immediately restrains both parties from disposing of property, canceling insurance, harassing each other, or other specified acts until the divorce is final.
Do I need to take a parenting class?
Yes, if your divorce is based on incompatibility and you have children under 18. Both parents must complete an approved educational program about the impact of divorce on children.
Make the Right Choice
The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and potentially finish in weeks rather than months. Oklahoma's short waiting periods make it one of the faster states for agreed divorces. For step-by-step guidance, see our Oklahoma divorce filing checklist. Understanding the costs of mediation versus litigation can also inform your decision-making process.
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This article is for informational purposes only and does not constitute legal advice. Oklahoma divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed Oklahoma family law attorney. Filing fees vary by county. Always verify current requirements with your local Oklahoma District Court clerk.
