A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Oklahoma, either spouse may file for divorce in the state, but they must meet certain residency requirements. Specifically, at least one of the spouses must have been a resident of Oklahoma for a minimum of six months prior to filing for divorce. Additionally, the divorce must be filed in the county where the petitioner has resided for at least 30 days. If the spouses have minor children, Oklahoma law requires that the children must have lived in the state for at least six months before the court can issue custody orders. These requirements are outlined in the Oklahoma statutes, particularly within the Title 43 of the Oklahoma Statutes, which covers marriage and family. It is important for individuals considering divorce to consult with an attorney to understand how these laws apply to their specific situation and to ensure that they meet all legal prerequisites for filing a divorce in Oklahoma.