Oklahoma Divorce Records

Divorce is a common thing in Oklahoma. The National Center for Health Statistics reports reveal that the state had the second-highest divorce rate in America in 2022 after Nevada. At 3.7 per 1,000 people, that year was one of the few the state has witnessed a low divorce rate in almost two decades, even though it was higher than the national average.

In order to register a divorce process in Oklahoma, a person must meet the state's residency requirements for divorce and have legally acceptable reasons to end their marital union with the other party. Any divorce in the state begins with filing a petition for dissolution of marriage with the appropriate court. Generally, there is a mandatory waiting period between filing and finalizing a divorce in Oklahoma, depending on whether or not the divorce process involves minors.

Oklahoma divorce may either be contested or uncontested based on how the other party (non-filing spouse) responds to a divorce filing. Records created from divorce proceedings within the state are considered public records.

What are Divorce Records?

Oklahoma divorce records are all files and documents gathered during divorce proceedings within the state. They provide vital information about the divorce process. Divorce records primarily exist to keep records of divorces and prove that marriages have been legally terminated. They can also be used to update certain legal documents. The most common forms of divorce records in Oklahoma are divorce certificates and divorce decrees. However, case files from divorce proceedings may also form part of the divorce records as they hold some critical information. Besides the legal importance, a divorce certificate can indicate closure and help facilitate the emotional recovery process for the parties involved.

A typical divorce record in Oklahoma will have information such as the personal details of the spouses involved, the case file number, the county where the divorce was finalized, and any other document or file generated during the divorce proceedings. Such documents may include orders, motions, waivers, and petitions. Generally, Oklahoma divorce records are stored by the Clerk of Court in the county where such divorces were finalized. Unlike many other states, the Office of Vital Records of the Oklahoma Department of Health does not maintain divorce records.

Are Divorce Records Public in Oklahoma?

Yes, Oklahoma divorce records are considered public records under the state's Open Record Act and may be accessed by interested individuals. The Open Record Act grants the general public the right to access and review government records, including divorce records created within the state's judicial system. The only exceptions are divorce records that have been sealed. While Oklahoma divorce records are typically publicly available, only certain persons may obtain certified copies of the documents. The general public may only access informational copies of Oklahoma divorce records. Divorce records are sometimes sealed to protect the identities of minors, sensitive personal information, and domestic violence victims.

In most cases, publicly available divorce records in the state will exclude information on minors and financial information provided or reviewed during the divorce process. Certified Oklahoma divorce records are only available to the parties named on the records (spouses involved), their parents or legal guardians, adult children of the spouses named on the records, and the parties' authorized legal representatives (attorneys). In order to obtain publicly available divorce records in Oklahoma, a person must be able to provide the full names of the parties involved in the case, the date of divorce, and the name of the court where the divorce was finalized.

Divorce Stats and Rates in Oklahoma

Historically, Oklahoma has consistently ranked among the top states in the United States for divorce rates. This implies that divorce is more common in the state than in many others. While the rate of divorce in the state has declined in recent years, it remains one of the highest in the nation. As reported by the Oklahoma State Courts Network, at least 13,449 divorce decrees were issued in 2023. Even though this number may seem high, it is a substantial drop from the number of divorce decrees issued in the state in 2020, when about 19,589 divorces were finalized. One reason consistently cited for the high divorce rate in the state is the number of couples living below the poverty line. Others are domestic abuse and financial issues.

The Indian race living in Oklahoma has the highest divorce percentage in the state, with about 14.8% of their population already divorced. This is followed by the White (non-Hispanic) community, whose divorcees account for 13.6% of their demographic. The Black race in Oklahoma has 13.5% of its entire population as divorcees. The divorce rates among other major racial groups in the state are 3.2% for Hawaiians, 13.2% for Whites, and 5.7% for Asians. The number of females who are divorced in Oklahoma is more than the number of males. According to reports, while about 11.9% of the male population are divorced, 14% of the state's female demographic have severed their marriages with their husbands.

Grounds for Divorce in Oklahoma

In Oklahoma, an individual may get a divorce on both fault grounds and no-fault grounds. Generally, grounds for divorce are legally tenable reasons to file for a divorce. Per Section 43-101 of Oklahoma Statutes, a judge may grant a petitioner a fault-based divorce for any of the following reasons:

Impotence
Habitual drunkenness
Abandonment for one year
Extreme cruelty
Insanity if all the following circumstances are true:
Either party has been in a private, an Oklahoma, or another state's institution for the insane for not less than five years
Either spouse has been insane for a duration of at least five years
Three medical doctors have assessed the condition of the insane party, including the administrator of the institution where they are kept, and at least two of those doctors agree that the insane spouse has a little chance of recovery
Fraudulent contract
Adultery
Either party is incarcerated in prison for a felony offense at the time of filing the divorce petition
Gross neglect of duty
The wife was pregnant by another man when both spouses got married
If either party has a divorce decree from another state that is invalid in Oklahoma

In Oklahoma, when one of the parties to a marriage files a divorce petition based on insanity, they will still be responsible for the maintenance and support of the insane party.

A judge may also grant a divorce in Oklahoma without a petitioner claiming that their spouse is at fault. A reason as simple as "incompatibility," is enough to get a divorce in the state. However, it is mandatory for an individual who has a minor child and gets a divorce based on incompatibility to attend a class with the defendant (the other spouse) about the impact of the divorce on their minor child.

How to File for Divorce in Oklahoma

Per Section 43-102 of Oklahoma Statutes, one of the parties to a marriage must have lived in the state for at least six months before they can file a divorce petition. In addition, residency requirements determine in which county an individual can file a petition for divorce in the state. Under Oklahoma law, the spouse filing for a divorce is required to file the petition in the county where they reside, and they must have lived in the county for at least 30 days prior to filing. State law also allows them to file the petition in the county where the other party lives.

Documents required to file a divorce petition in Oklahoma are not available at the state level. They may only be obtained from the Offices of the Clerks of Courts or local non-profits. In most cases, divorce lawyers in the state have copies of these documents. So, a petitioner who is hiring an attorney will use their help to obtain the requisite divorce forms. In most cases, the required documents will include a summons, a cover sheet, and a petition for divorce.

Once the paperwork is completed and filed with the courthouse, the petitioner must deliver copies to the defendant unless the petitioner is filing for an uncontested divorce. In an uncontested divorce, both spouses have agreed on all issues, including asset division, child support, and spousal support. The petitioner is required to include a custody plan, proposed divorce decree, and an entry of appearance and waiver if filing for an uncontested divorce. If the defendant disagrees with the petitioner on certain issues, the divorce is contested, and it has a high chance of going to trial.

In Oklahoma, if both parties to a divorce process agree to it and there are no children involved, the court may grant the divorce 10 days after the filing. Where there is at least one minor child, there is a waiting period of 90 days from the date of an entry of appearance by the defendant, service of the summons, or the first date of publication, whichever comes first. If a divorce is contested, the judge will need an initial hearing to know if the parties have agreed on any of the issues and then establish the plan for trial. After several court appearances and document review, the court will grant the final divorce. Under Oklahoma law, divorced couples are prohibited from remarrying for at least six months after their final divorce.

Oklahoma Divorce Decree

An Oklahoma divorce decree is an official document signed by a judge to make a divorce final. Once signed, everything in a divorce decree becomes an order of the court. A typical Oklahoma divorce decree includes a statement prohibiting either party from remarrying for six months after the entry of the decree, except they are remarrying each other.

Typically, in an uncontested divorce, the attorneys for either or both spouses prepare the decree, have both parties sign it, and submit it to the judge to append their signature. However, once a divorce case goes to trial (contested divorce), the judge will pronounce their decision and instruct the lawyer for either party to prepare a decree that reflects the decision of the judge. Afterward, the judge will review and sign it to legally terminate the marriage.

A typical Oklahoma divorce decree contains orders regarding the division of assets and debts, termination of the marital union, protective orders, child custody, alimony, child support, and child visitation arrangements. Generally, Oklahoma divorce decrees are kept in the custody of the County Court Clerk's Office in the county where such divorces were granted.

How to Find and Access Oklahoma Divorce Records

The following options may be explored to access Oklahoma divorce records:

Online Access to Oklahoma Divorce Records

Some Oklahoma divorce documents, including divorce decrees, filed since statehood in 1907 may be accessed online through the OSCN Docket Search System. However, it is unlikely that the state's court system has published all of these documents for all the counties. Some local courts may also be managing online portals where interested persons may access records of divorces granted within their jurisdictions. However, the accuracy and completeness of such records may not be absolute.

Offline Access to Oklahoma Divorce Records

Any member of the public can approach the Clerk of Court in the county where a divorce was finalized to obtain an informational copy of the divorce in person. They may also send their request by mail. Only eligible individuals, which include the persons named on the record, immediate relatives, and the parties' attorneys, may obtain certified copies.

To obtain a certified copy of an Oklahoma divorce decree, a qualified requester must be able to provide information such as the date the divorce judgment was pronounced, the names of the parties named on the record, and the county in which the divorce was granted in their request. Their request may be submitted in person or by mail to the appropriate County Court Clerk's Office in the state.

References

Counties in Oklahoma

List of Content

What are Divorce Records?
Are Divorce Records Public in Oklahoma?
Divorce Stats and Rates in Oklahoma
Grounds for Divorce in Oklahoma
How to File for Divorce in Oklahoma
1. Oklahoma Divorce Decree
How to Find and Access Oklahoma Divorce Records
1. Online Access to Oklahoma Divorce Records
2. Offline Access to Oklahoma Divorce Records