Grounds for Divorce in Oklahoma: No-Fault, Fault and Separation Requirements
Oklahoma has twelve grounds for divorce, including incompatibility. No separation is required, and the 90-day wait with children does not apply to listed grounds such as extreme cruelty or abandonment for a year.
What are the grounds for divorce in Oklahoma?
Twelve (43 O.S. 101).
| Ground | Order in the statute | What the statute says |
|---|---|---|
| Abandonment | First | For one year |
| Adultery | Second | Cause listed |
| Impotency | Third | Cause listed |
| Pregnancy by another | Fourth | When the wife at the time of marriage was pregnant by another than her husband |
| Extreme cruelty | Fifth | Cause listed |
| Fraudulent contract | Sixth | Cause listed |
| Incompatibility | Seventh | With the education program where a child is involved |
| Habitual drunkenness | Eighth | Cause listed |
| Gross neglect of duty | Ninth | Cause listed |
| Imprisonment | Tenth | Felony sentence at the time the petition is filed |
| Foreign decree | Eleventh | Procured outside the state without releasing the other party here |
| Insanity | Twelfth | Five years in an institution, with a poor prognosis and a three-physician examination |
Is Oklahoma a no-fault state?
It has a no-fault ground, incompatibility, and keeps fault grounds. Where a child under 18 is involved, parents in an incompatibility divorce attend an education program on the impact of divorce on children (43 O.S. 101, 107.2(B)).
Is there a separation requirement in Oklahoma?
No. The only fixed times are the six-month residence rule and, with minor children, the 90-day wait. Use the Oklahoma divorce timeline calculator to see them.
Which grounds skip the 90-day wait with children in Oklahoma?
Abandonment for one year, extreme cruelty, habitual drunkenness, imprisonment, a foreign decree, five years of insanity, conviction of a child abuse offense against a child of either party and a child adjudicated deprived because of a party’s actions where the party has not completed the court’s service and treatment plan (43 O.S. 107.1(B)).
Is abandonment a ground in Oklahoma?
Yes: abandonment for one year is the first ground listed, and it is also one of the grounds that skip the 90-day wait with children (43 O.S. 101, 107.1(B)).
Can a spouse file on incompatibility when the other denies it in Oklahoma?
The statute lists incompatibility as a ground without a denial rule; the court decides on the facts, so ask a licensed Oklahoma attorney how your court handles a contested incompatibility case.
Is adultery a ground in Oklahoma?
Yes, the second ground listed, along with impotency, extreme cruelty and fraudulent contract (43 O.S. 101).
Does cruelty have to be physical in Oklahoma?
The statute lists extreme cruelty as a ground without defining it here; ask a licensed Oklahoma attorney how courts apply it, and note that extreme cruelty is one of the grounds that skip the 90-day wait with children.
Can a spouse add a ground in the response in Oklahoma?
Yes. The respondent may allege a cause for dissolution against the petitioner and have the same relief as a petitioner would for a like cause (43 O.S. 106).
Does fault matter to property in Oklahoma?
The property statute directs a just and reasonable division of jointly acquired property and names no fault factor (43 O.S. 121(B)). See the Oklahoma property division calculator and the Oklahoma alimony calculator.
Does fault matter to the children in Oklahoma?
A court determination that child abuse, domestic violence, stalking or harassment has occurred raises a rebuttable presumption that sole custody, joint legal or physical custody or any shared parenting plan with the perpetrator is detrimental and not in the child’s best interest (43 O.S. 109(I)). See the Oklahoma parenting time calculator.
Is insanity a practical ground in Oklahoma?
It has strict conditions: five years in an institution, a poor prognosis confirmed by physicians, a guardian ad litem appointed at least ten days before any decree and continued support for the other spouse (43 O.S. 101, Twelfth).
Frequently asked questions
What are the grounds for divorce in Oklahoma?
Twelve grounds, including incompatibility, abandonment for a year, adultery and extreme cruelty.
Is Oklahoma a no-fault divorce state?
It has a no-fault ground and keeps fault grounds.
Is a separation period required for an Oklahoma divorce?
No separation period is required.
Does adultery matter in an Oklahoma divorce?
It is a ground, but the property statute names no fault factor.
Can my spouse stop an Oklahoma divorce?
A spouse can contest a fault ground; incompatibility is a ground the court decides on the facts.
Official sources
- Oklahoma Statutes Title 43: marriage and family (sections 101, 102, 103, 105, 107.1, 107.2, 109, 112.3, 118E, 121)
- Randol v. Randol (Okla. Civ. App.): retirement funds as jointly acquired property
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Oklahoma statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Oklahoma attorney.