Oklahoma Divorce Decree: What It Is, How to Get One, and What Comes After

The divorce decree — formally called the Decree of Dissolution of Marriage — is the final court order that legally ends your marriage in Oklahoma. It is not just a certificate. The decree is a binding legal document that spells out property division, debt allocation, child custody, child support, spousal maintenance, and any other terms the court approves. Once the judge signs it and the clerk files it, it controls your legal obligations going forward.

Here is what the decree contains, how you get the judge to sign it, and what restrictions apply after.

What the Decree Includes

An Oklahoma divorce decree typically covers:

• Division of marital property and debts — Oklahoma uses equitable distribution (43 O.S. § 121), which means "fair and reasonable" division, not necessarily 50/50. Separate property — assets owned before the marriage or received as personal gifts or inheritance — stays with the original owner unless it was commingled with marital funds.
• Child custody and parenting plan — Physical and legal custody arrangements, the parenting time schedule, holiday rotation, and decision-making authority.
• Child support — Calculated using Oklahoma's income-shares model based on both parents' gross incomes, health insurance costs, and childcare expenses.
• Spousal support (alimony) — If applicable, the amount, duration, and conditions for termination.
• Name restoration — Either spouse can request restoration of a maiden or former name under 43 O.S. § 121.

How the Judge Signs the Decree

The process depends on your case path:

Uncontested cases: You draft a proposed Agreed Decree of Dissolution, both spouses sign it, and the petitioner presents it at the prove-up hearing. The judge asks a few questions under oath — confirming residency, grounds, and that both parties agree to the terms — then signs the decree. The hearing is typically 10–15 minutes.

Default cases: If the respondent failed to answer within 20 days of service, the petitioner submits a proposed Default Decree to the judge. Under Rule 8, the court cannot grant more relief than what was originally requested in the petition. This is a common trap — if the petition was generic and did not specifically address the house, retirement accounts, or vehicles, the judge will reject the decree and require an amended petition.

Contested cases: The judge issues the decree after trial, deciding any terms the parties could not agree on.

No decree can be signed until the statutory waiting period expires: 10 days for childless cases, 90 days when minor children are involved (43 O.S. § 107.1).

The 6-Month Remarriage and Cohabitation Restriction

Under 43 O.S. § 123, once the decree is filed, neither party may remarry or cohabit with a third party within Oklahoma for six months from the date the decree is filed.

This is not a suggestion — violating it carries severe penalties:

• Remarrying within Oklahoma during the 6-month window: Constitutes bigamy, a felony carrying up to five years in prison.
• Cohabiting with a third party in Oklahoma: Constitutes adultery, a felony carrying up to five years and a $500 fine.

Two exceptions apply:

• Out-of-state marriage: Marrying in another state during the window is valid under Full Faith and Credit. However, returning to Oklahoma and cohabiting before the six months expire still risks prosecution.
• Remarrying each other: Divorced spouses can remarry each other at any time during the window.

How to Fix Errors in a Signed Decree

If you discover a typo, a clerical error, or an omitted asset after the decree is filed, you can file a nunc pro tunc ("now for then") application to correct the judicial record. This is a procedural fix for clerical mistakes — not a way to renegotiate terms.

For substantive changes (modifying custody, changing support amounts), you need a separate modification petition, which is a new legal proceeding.

Getting Certified Copies

After the decree is filed, you will need certified copies for practical purposes — changing your name on a driver's license, updating bank accounts, removing a spouse from a mortgage or title. Request certified copies from the county district court clerk where the decree was filed. Fees range from $2 to $20 per copy depending on the county.

Order multiple copies at filing time — it saves return trips to the courthouse.

For the complete filing process from petition through decree, including document checklists and prove-up hearing preparation, see the Oklahoma Divorce Filing Process Guide.

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