Divorce courts have a residency requirement. You must meet the residency requirement for divorce in Oklahoma before you file a Petition for Divorce. The residency requirement is a function of both state and county residency.
Residency Requirement For Divorce In Oklahoma
In Oklahoma, you must file the Petition for Divorce in the county in which one of the spouses has lived for at least 30 days. Generally, the petitioner files the petition in the county in which they reside.
However, the petition may also be filed in the county in which the respondent spouse resides as long as that spouse has lived in that county for at least 30 days. So, if you moved to Tulsa County two weeks ago, you must wait another two weeks if you want to file a Petition for Divorce in Tulsa County.
In addition, at least one of the spouses must have lived in the state of Oklahoma for at least six months. Okla. Stat. tit. 43 § 102(A)
It is important that you not wait too long to file once the decision is made.
Let’s say you and your wife have decided to file. You have agreed to file in Tulsa County. You both get comfortable with the separation.
Six months later your wife moves to Wagoner County and files the petition. Now, you will be required to respond in Wagoner County.
What Happens When A Spouse Moves Out Of State?
This situation can get tricky. However, if you are the one filing the petition and you meet the residency requirement for your county and the state of Oklahoma, you may file in your county even if your spouse has moved out of state.
Things get more complicated when children are involved and one spouse moves out of state. Oklahoma has enacted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The UCCJEA affects jurisdictional “shopping” by a parent to obtain a more favorable custody ruling. If a spouse moves out of state with the children, the spouse who remained in Oklahoma has a six-month window of time to file for divorce in Oklahoma. After that six-month period, the Oklahoma-based spouse will have to deal with the out-of-state spouse’s choice of jurisdiction.
You can think of the residency requirement as the beginning of a time window and the UCCJEA rule as the end of that time period if your spouse has moved out of state with your children.
The sooner you file after meeting residency requirements, the smoother the process will be. Once your spouse files, even if it is within the six-month period, you will have to bring a motion to have their case dismissed. And the sooner you file, the more likely that your children will be returned to you.
If you have questions about when to file for divorce, bring your questions to an experienced Tulsa divorce attorney. You will be glad you did.
Free Consultation With A Tulsa Divorce Lawyer
The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
