There are many reasons why you may desire to annul your marriage; for instance, to avoid the social stigma of divorce, or because your religion or culture frowns upon divorce. Regardless of why you want to annul your marriage, you can do so in Oklahoma, if you meet certain conditions.
Annulment vs. Divorce
In Oklahoma, divorce, or “dissolution of marriage” as it is referred to, means you were legally married and your legal marriage is now legally terminated. On the other hand, an annulment is a court order indicating that your marriage was invalid (void) and, thus, never took place.
Grounds for an Annulment in Oklahoma
In order to qualify for an annulment in Oklahoma, your marriage must meet one of the following criteria:
- Age – either party was under age and therefore married illegally.
- Mental capacity – either party lacks the mental capacity to understand what he or she did.
- Fraud – either party was persuaded to marry under fraudulent circumstances.
The grounds for an annulment in Oklahoma are limited and narrowly focused to the mental capacity and good faith of the parties at the time they entered into the marriage contract. You cannot have your marriage annulled simply because you have only been married a short time, or because the marriage was not consummated.
Bars to Annulment in Oklahoma
An annulment will not be granted if the circumstance that would make the marriage void no longer exists. For instance, if either of the parties was under age at the time they married and an annulment is sought after that party has reached legal marrying age, either party will be barred from having the marriage annulled. Furthermore, if a couple marries within six months after a divorce, the marriage is voidable in Oklahoma; however, if they seek to have that marriage annulled after the six months has passed, the marriage is no longer voidable and they will be barred from an annulment.
Can I Have My Marriage Annulled in Another State?
If your marriage satisfies one of the state’s grounds for annulment, you may bring a court action to have your marriage annulled in Oklahoma. However, since the state’s grounds for an annulment are limited, it may be difficult to obtain an annulment in the state of Oklahoma. In the same manner that a person can be married or divorced in any state, you may file for an annulment in any other state. Divorce law is not unified across the United States, so it may be better to have your marriage annulled in one particular state than another. You should recognize, though, that you must meet the legal requirements for annulment in the state in which you want to have your marriage annulled. Nonetheless, if you were married in Oklahoma initially, it may be more advantageous to have your marriage annulled in Oklahoma, for the sake of efficiency and cost.
Low-cost Consultation: Okmulgee Divorce Attorney
If you’d like a confidential, no-cost consultation with an Okmulgee family law attorney, call (918) 756-9600 or toll-free (888) Wirth-Law for a initial strategy session with an Okmulgee, Oklahoma lawyer at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will email or call you.
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