The Rules on Getting Divorced & Then Married in Oklahoma

By Heather Frances J.D.

If you divorce in Oklahoma, before you head down the aisle to remarry as soon as your divorce is finalized, it’s a good idea to read over your divorce decree. Most Oklahoma divorce decrees contain language consistent with the first part of Section 123 of Title 43 of the Oklahoma Statutes, expressly stating that it is unlawful to marry or cohabit within six months of the date a divorce decree is issued – and that doing so can result in criminal prosecution. However, some loopholes do exist.

If you divorce in Oklahoma, before you head down the aisle to remarry as soon as your divorce is finalized, it’s a good idea to read over your divorce decree. Most Oklahoma divorce decrees contain language consistent with the first part of Section 123 of Title 43 of the Oklahoma Statutes, expressly stating that it is unlawful to marry or cohabit within six months of the date a divorce decree is issued – and that doing so can result in criminal prosecution. However, some loopholes do exist.

Appeals

You or your ex-spouse can appeal the part of your divorce decree concerning the six-month waiting period. However, once the court grants the appeal, both of you must still wait at least 30 days before you remarry or cohabit. If you don't appeal your divorce decree or do not wait 30 days after a granted appeal to remarry, the court can find you guilty of bigamy, a felony punishable by imprisonment. If you decide to ignore the law by cohabiting rather than remarrying, the court can find you guilty of adultery, also a felony charge.

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Exceptions

One way around the statute completely is to remarry your ex-spouse. The law specifically allows you to remarry, or cohabit with, your former spouse within the six month period. Additionally, If you were divorced in another state and then move to Oklahoma, there are no restrictions on your ability to remarry.

Leaving Oklahoma

Another way around the Oklahoma statute is to marry outside the state of Oklahoma. It's perfectly legal to leave the state to remarry even if your divorce decree was issued in Oklahoma; however, you can't live together with your new spouse in Oklahoma within the six-month period. Therefore, if you remarry outside Oklahoma, but then return to Oklahoma to live before the six-month period is up, the court can still find you guilty of bigamy, which carries a minimum sentence of one year in prison.

Annulment

If you marry someone other than your former spouse before your waiting period has passed, your new marriage is subject to annulment at any time. You or your new spouse can petition the court for annulment -- and the court can grant that request even years into the future.

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How Long Do You Have to Wait Before You Can Remarry After Your Divorce in Alabama?

References

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What Is the Process for an Annulment in the State of New Hampshire?

The process of filing for an annulment in New Hampshire is similar to the process of filing for divorce. You'll need to petition a county court for an annulment, state the grounds for the annulment, and prove that your particular circumstances qualify for an annulment under state law. If you are granted the annulment, the marriage is treated as legally invalid; in other words, as if it never existed. Divorce, on the other hand, terminates a legally valid marriage once the divorce decree is signed by the judge

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Can You Marry an Illegal Immigrant Before Divorce?

For most divorcing couples, terminating a marriage isn't as simple as merely signing legal paperwork and permanently parting ways. Depending on the assets you and your spouse accrued during your marriage and other factors, such as whether or not you can agree on child custody arrangements, your divorce could take months to settle. For those who wish to remarry, this waiting period can be particularly stressful, but you must end one marriage before you can marry someone else. Because an individual's immigration status does not dictate whether or not she can enter into a valid marriage, marrying an illegal immigrant is no more an option prior to divorce than marrying a U.S. citizen.

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