There are various reasons why individuals and couples seek to have their marriages annulled, such as to avoid the social stigma of divorce or because their religion or culture frowns upon divorce. Regardless of how you come to decision to seek an annulment, you can have your marriage annulled in Oklahoma, if you can meet certain conditions.
Annulment vs. Divorce
In Oklahoma, a divorce is referred to as “a dissolution of marriage” and, as that name suggests, a divorce decree means that you were married and that your marriage is now being dissolved. In contrast, an annulment in Oklahoma is court order that declares your marriage was invalid (void) and thus, you were never married to begin with.
Grounds For an Annulment in Oklahoma
You can file for an annulment in Oklahoma only if your marriage satisfies one of the legally recognized grounds for an annulment. The limited grounds for annulment in Oklahoma are:
- Age – either party was under age
- Mental capacity – either party lacks the mental capacity to understand what he or she was doing
- Fraud – either party was persuaded to marry under fraudulent circumstances
The grounds for an annulment in Oklahoma are generally concerned with 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.
In addition, an annulment will not be granted if the circumstance that made the marriage void in the first place, no longer exists. For instance, if either of the parties was under age at the time they got married and an annulment is sought after that party has reached legal marrying age, an annulment will be denied. Furthermore, if a couple remarries within six months after being divorced, 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 denied an annulment.
If you marriage satisfies one of the grounds for annulment in Oklahoma, you may bring a court action to have your marriage annulled. But because of the limited grounds for annulment in Oklahoma, this is difficult to achieve. If you do not satisfy either of the state’s grounds for annulment, it is highly unlikely that you can have your marriage annulled in Oklahoma.
However, in the same manner that a person can be married or divorced in any state, you may file for an annulment in any state. Divorce law is not unified across the United States, so it may be better to have your marriage annulled in one state than another, if you can meet that state’s requirements. However, if you were married in Oklahoma to begin with, it may be more advantageous to have your marriage annulled in Oklahoma, for the sake of efficiency and cost.
No Cost Consultation: Oklahoma City Divorce Lawyer
The best way to know if you can have your marriage annulled in Oklahoma is to contact an experienced Oklahoma City divorce lawyer. Our attorneys can evaluate the circumstance of your marriage and determine if you meet one of the grounds for an annulment in Oklahoma.
We offer initial consultations at no cost. Discover how our family law expertise can help you through a difficult time. For a free consultation with a reliable Oklahoma City divorce attorney, call (405) 880-8222 today. If you prefer e-mail, send us your question using the “Ask the Lawyer” form at the right side of this page.