An annulment in Oklahoma is much different than a divorce. You can get your marriage annulled but there are very specific things that must be done. An annulment is a legal procedure that effectively erases a marriage. Once the annulment goes through, it’s as if you were never married. There some common question about the process and they include:
- How long can you be married and still qualify for an annulment in Oklahoma;
- What are some of the things I need to prove; and
- Does the process mean the prior marriage is now invalid;
Legal Grounds For Annulment In Oklahoma
To comprehend the timeframe for obtaining an annulment, it’s vital to first understand the grounds upon which an annulment can be based in Oklahoma. These grounds typically reflect issues present at the marriage’s inception, such as:
- Incest: Marriages between close relatives are not allowed.
- Bigamy: It is illegal to marry if one is already married to another person.
- Fraud Or Misrepresentation: If the marriage was based on significant lies or deceit.
- Force Or Duress: If one party was coerced into the marriage.
- Mental Incapacity: If either party was mentally incapacitated or under the influence of drugs or alcohol at the time of marriage.
- Impotence: If one spouse is incurably impotent and the other spouse was unaware before marrying.
- Underage Marriage: If either party was below the legal age of consent (18 years, or younger with parental or court consent).
Oklahoma law does not stipulate a specific timeframe within which an annulment must be sought. Practically speaking, the longer you wait to file for an annulment, the more difficult it may be to convince the court that the marriage was invalid from the start. The court may interpret a lengthy marriage as an indication that the couple intended to remain married or that they reconciled any issues that might have been grounds for annulment. Additionally, sometimes its easier and less expensive to get a simple divorce. This is because it can be done without fault and goes much faster.
Can I Annul A Marriage From Another State
You can annul any marriage from any State so long as the qualifications for the Oklahoma annulment are met. Think of it like getting a divorce from someone that you married in another state. If the marriage is valid in the state you got married, then it is in Oklahoma. This is because full faith and credit found in the Constitution compels one state to recognize legal marriages of another out of state marriage.
Does The Duration of The Marriage Matter
Its a common misconception that the process depends on the length of the marriage. Success of an annulment in Oklahoma is more contingent on the grounds for annulment rather than the marriage’s duration. Although length of the marriage can have some impact, there other more pressing arguments that if they can be made tend to make success of your motion more successful.
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Oklahoma Annulment Lawyers In Your Corner
While Oklahoma law does not enforce a rigid timeframe for annulments, the underlying reasons for seeking one generally imply prompt action. A thorough consultation with a Oklahoma family law attorney can provide the necessary guidance to navigate the annulment process effectively. The key is to act as soon as the grounds for annulment become apparent to ensure a chance for a legal resolution that annuls the marriage. If you are seeking legal representation, don’t hesitate to contact annulment attorneys in Tulsa at Kania Law Office. You can reach them by phone at (918) 743-2233 or online today.
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