Residency requirements are a lesser known criteria of the divorce process. When considering divorce in Oklahoma, one of the first questions many people ask is where they can file their case. Before the court can hear your divorce, you must meet certain residency requirements. These rules make sure Oklahoma has the legal authority—known as jurisdiction—to handle your case.
How Oklahoma Law Handles Residency
Under 43 O.S. § 102, at least one spouse must have lived in Oklahoma for six months before filing for divorce. This residency can be based on:
- Living in Oklahoma as a permanent resident, or
- Being stationed in Oklahoma on active military duty.
For divorce cases based on one spouse’s insanity, the filing spouse must have lived in Oklahoma for five years before filing.
Where Do You File?
Even if you meet the state residency requirement, you must also choose the correct county to file your case. Oklahoma law requires that:
- You file in the county where you have lived for at least 30 days, or
- In the county where your spouse currently lives.
This gives spouses some flexibility when deciding where to file, especially if they live in different counties.
Why Residency Matters
Residency rules ensure that the Oklahoma court has the right to hear your divorce case. If you do not meet these requirements:
- The court may delay your case until you qualify, or
- Dismiss your case, requiring you to start the process over in the proper location.
What If You Just Moved?
If you recently moved to Oklahoma or to a different county, you may have to wait before filing. An attorney can review your situation and advise whether you are ready to file now or need to wait to meet the time requirement.
Tulsa Divorce Attorneys
Residency requirements are only one piece of the divorce process, but they are an important starting point. Meeting these rules ensures your case can move forward without delays. While the process is easy, it’s still important to approach it with legal guidance to protect your rights and interests. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.