Oklahoma Divorce Records

According to the latest figures from the National Center for Health Statistics, Oklahoma has a divorce rate of approximately 3.3 divorces per 1,000 residents. While this represents a continued decrease in the state's divorce rates, it is still notably higher than the national average divorce rate of 2.4 per 1,000.

Oklahoma allows for divorces on both fault and no-fault grounds. In a no-fault divorce, neither spouse is considered responsible for the breakdown of the marriage - these divorces are filed on the grounds of "incompatibility". On the other hand, a fault-based divorce requires one spouse to provide proof of misconduct on the part of the other spouse, such as adultery, abandonment, fraud, habitual drunkenness, cruelty, and impotency.

The average cost of a divorce in Oklahoma is estimated to be around $9,183 per person (lower than the national average of around $9,969). Divorce costs in the state are generally influenced by factors like attorney fees, mediation costs, whether there are minor children involved, parenting classes/family therapy, and the overall complexity of the case.

Are Divorce Records Public in Oklahoma?

Divorce records in Oklahoma are generally considered public records and may be inspected and copied by any interested party, in line with the stipulations of the Oklahoma Open Records Act. Note that the information contained in some of these records may be exempt from public disclosure, such as social security numbers, bank account numbers, health records, and details relating to minor children and domestic abuse victims. Access to sealed records is also restricted to specific parties, such as the parties named on the record and certain government agencies under specific circumstances.

What Is Included in Oklahoma Divorce Records?

Oklahoma divorce records are official documents that detail the legal dissolution of marriages in the state. These records are generated locally in the district court where the divorce proceedings were held and maintained by the county's court clerk. Oklahoma divorce records typically fall into three categories:

• Divorce Decrees: This is the order that details the court's final ruling on the divorce, including terms related to property division, child custody, spousal support, and other settlements. Divorce decrees are typically required when proving specific legal agreements resulting from the divorce.
• Divorce Certificates: This is a summarized document that provides basic details about the divorce, including the names of the parties, the date of divorce, and the location where it was finalized. Divorce certificates are often used as official proof of the divorce.
• Divorce Case Files: This is a collection of all documents/records related to the divorce proceedings, such as petitions, financial disclosures, pleadings, custody agreements, and court orders. Divorce case files provide a comprehensive record of the divorce proceeding; however, access to certain documents contained in the file may be restricted due to privacy concerns.

How Do I Find Oklahoma Divorce Records?

You can typically access an Oklahoma divorce record by contacting the court clerk in the county where the divorce was finalized. Certified copies of these records are commonly needed for:

• Proof of divorce status for remarriage or visa/immigration applications
• Processing name changes and updating legal documents
• Modifying/enforcing child custody, support, and alimony orders
• Updating wills, insurance policies, and beneficiaries
• Accessing certain benefits or settling estates

Look Up Oklahoma Divorce Certificate

Unlike most states, Oklahoma does not maintain statewide divorce records; these documents are generated and kept locally at the county level. As such, to obtain copies of an Oklahoma divorce certificate, you will need to contact the court clerk in the county where the divorce was finalized. Procedures differ by location, but generally involve submitting a written request (either in person, via mail, or through a dedicated online portal) with pertinent information like the names of the divorced parties and the date of the divorce, and paying any stipulated fees. For exact requirements and costs, it's best to directly contact the relevant court clerk's office.

Look Up Oklahoma Divorce Decree

Certified copies of Oklahoma divorce decrees may be obtained directly from the district court that finalized the divorce. The process for doing this typically involves the following steps:

• Identifying the county where the divorce was granted.
• Contact the court clerk's office to request the decree.
• Providing pertinent information to facilitate a record search, like the full names of the divorced parties, the approximate date of the divorce, and a case number.
• Paying all stipulated fees. This is usually $1 for the first page and 50 cents per additional page, plus a certification fee for requesters who require certified copies of the record (note that actual fees may vary by county).

For further information on request processing times and associated fees, reach out to the appropriate court clerk directly.

Look Up Oklahoma Divorce Court Records

You may access Oklahoma divorce court records (documents contained in a divorce case file) by submitting an official request to the court clerk's office in the county where the divorce proceedings were held. Depending on the county, you may be able to make these submissions by visiting the court in person, mailing a written request to the court clerk, or online via county-provided portals or centralized platforms, like the OSCN record search platform and the district courts' ODCR system. You will typically need to provide details such as the parties' names, case number (if available), and the type of documents you are requesting. Copy fees also apply, determined by the type and number of documents requested.

Can You Seal Divorce Records in Oklahoma?

In Oklahoma, divorce records may be sealed at the request of one or both parties involved in the case. The requesting party is typically required to show a valid reason (for the request), such as protecting sensitive financial details and business information, keeping custody arrangements confidential, or preventing potential (or further) harm in cases involving domestic violence.

Individuals who wish to seal their divorce records must file a motion with the district court that granted the divorce. The motion should clearly explain why sealing is necessary and include any supporting documents. The court will review the motion and may grant the request to seal the record (or specific parts of the record) if it finds that the requester's privacy concerns override the public's right to access it. If the motion is granted, the court will issue a public order confirming the decision.

How Long Does a Divorce Take in Oklahoma?

The length of a divorce proceeding in Oklahoma primarily depends on whether the divorce is contested or uncontested and whether children are involved. In uncontested divorces where there are no children involved, the divorce may be granted in as little as 10 days after the divorce papers are filed. However, per Oklahoma Statutes Section 43-107.1, if the couple has minor children, there is a mandatory 90-day waiting period (from the date of filing) before the divorce can be finalized, unless the court reduces or waives the waiting period for good cause.

Does Oklahoma Require Separation Before Divorce?

No, Oklahoma does not require couples to live separately before filing for divorce. However, couples may file for a legal separation if they wish to live apart while remaining legally married. A legal separation, once granted by the court, addresses issues such as child custody, support, and property division without dissolving the marriage, and the couple may either decide to reconcile or convert their legal separation into a divorce by filing a new petition with the court.

How Are Assets Split in an Oklahoma Divorce?

Oklahoma follows the equitable distribution approach when it comes to dividing assets in a divorce. Per Oklahoma Statutes Section 43-121, courts are required to divide marital property (any property jointly acquired by spouses during their marriage, regardless of whose name is on the title) between the parties in a "just and reasonable" manner. This means that the property will be divided fairly, though not necessarily equally, between the spouses. The property division may be done by splitting the assets or awarding them to one spouse with appropriate compensation to the other.

It should be noted that Oklahoma law does not outline specific criteria to be considered when determining property division. As such, the courts typically have broad discretion in deciding how assets are distributed, provided the final distribution is equitable.

Who Gets Custody of a Child in Divorce in Oklahoma?

Historically, Oklahoma typically favored mothers in custody cases, particularly for younger children. This bias stemmed from the "Tender Years Doctrine", which presumed that mothers were better suited to care for young children. However, Oklahoma law now prohibits gender-based preferences in custody decisions. Per Oklahoma Statutes Section 43-109, child custody decisions in the state are made based on the best interests of the physical and mental, and moral welfare of the child, without any preference given to either parent based on gender.

There are two main types of custody recognized in Oklahoma:

• Legal Custody: This grants the right to make major decisions regarding the child's welfare, such as education, medical care, and religious upbringing. Legal custody can be joint (both parents share decision-making responsibilities) or sole (awarded to one parent).
• Physical Custody: This addresses where the child lives and how parenting time is allocated between parents. Parents may either share physical custody, allowing the child to live with both (note that parenting time may not be shared equally between both parents), or one parent may have sole physical custody, with the other receiving visitation rights.

When making custody determinations, courts typically consider various factors, including the emotional bonds between the child and each parent, each parent's ability to provide a safe, stable, and nurturing environment, and any history of domestic violence, abuse, or neglect. However, while courts generally evaluate both parents equally, fathers may still face challenges in securing equal parenting time. Recent studies suggest that fathers in Oklahoma receive about 22.4% of parenting time post-divorce on average, far less than the national average of 35%.