Uncontested vs. Contested Divorce in Oklahoma: Simplified Procedures and Mandatory Steps
In Oklahoma an uncontested and a contested divorce share the six-month residence rule and the 90-day wait when minor children are involved. The court may waive the wait without objection, and parents in an incompatibility divorce attend a class.
What is the same in an uncontested and a contested Oklahoma divorce?
The six-month residence rule, the grounds and the 90-day wait when minor children are involved (43 O.S. 102; 107.1). The Oklahoma divorce timeline calculator gives the same earliest filing date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | Six months in good faith | Six months in good faith |
| Wait with minor children | 90 days from filing, which the court may waive without objection | 90 days unless the ground is listed or the court ends it early |
| Education program | Required for parents in an incompatibility divorce | Required for parents in an incompatibility divorce |
| Joint custody | Joint plan with affidavits filed with the petition or later | The court issues a final plan or rejects joint custody |
| Property | Settled by agreement | Divided as just and reasonable |
Can the 90-day wait be shortened in Oklahoma?
Yes. The court may waive it for good cause shown and without objection by either party, and may issue a final order sooner if the parties voluntarily participate in marital or family counseling and the court finds reconciliation unlikely (43 O.S. 107.1(A), (D)).
Is a parenting class required in Oklahoma?
In an incompatibility divorce involving a child under 18, the adult parties shall attend, separately or together, an educational program on the impact of divorce on children, with a fee of at least $10 and not more than $60 that the court may waive for a free program, and a certificate of completion (43 O.S. 107.2(B)). In other cases the court may require a program (107.2(A)).
Are temporary orders available while the case is pending in Oklahoma?
Yes. After a petition is filed in a divorce with minor children, the court may make orders about property, children, support and the expenses of the suit to be enforced during the case (107.1(C), referring to section 110).
How do spouses with children agree on custody in Oklahoma?
If either or both parents request joint custody, they file plans for joint care, custody and control, including living arrangements, child support, medical and dental care, school placement and visitation, with an affidavit from each parent; the court issues a final plan with appropriate changes in the child’s best interests, or may reject joint custody (43 O.S. 109(C)-(D)).
What does the education program cover in Oklahoma?
Short-term and longitudinal effects of divorce on child well-being, reconciliation as an optional outcome, the effects of family violence, potential child behaviors and how to respond, communication strategies for cooperative coparenting, and area resources (43 O.S. 107.2(B)).
Is the petition verified in Oklahoma?
Yes. It must be verified as true by the petitioner’s affidavit (43 O.S. 105(C)), and the respondent verifies any new matter in the response (106).
Who pays the education program fee in Oklahoma?
Each attendee pays a fee to the provider, and the court may waive it for a qualified free program; a third party may also pay it for an attendee (43 O.S. 107.2(B)).
Do both parents have to attend together in Oklahoma?
No. The adult parties attend either separately or together (43 O.S. 107.2(B)).
What changes in a contested Oklahoma divorce?
The court decides what the spouses cannot settle: a just and reasonable division of jointly acquired property under 43 O.S. 121, alimony as the court thinks reasonable and custody on the child’s best interests. See the Oklahoma property division calculator and the Oklahoma parenting time calculator.
Frequently asked questions
Can an uncontested Oklahoma divorce with children skip the 90 days?
Only if the court waives it for good cause without objection or ends it after counseling, or the ground is a listed one.
Is a parenting class required in an Oklahoma divorce?
Yes for an incompatibility divorce involving a child under 18.
Is there an Oklahoma waiting period without children?
None found in the sections we read.
Can an Oklahoma court issue temporary orders?
Yes, on property, children, support and expenses while the case is pending.
Can Oklahoma spouses make their own custody plan?
Yes, a joint plan with affidavits, which the court finalizes if it is in the child’s best interests.
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.