Oklahoma Divorce Guide

Annulment

A marriage annulment is a decree ending annulment2-optoan illegal marital relationship, while a divorce is the termination of a legal marriage. The marriage annulment process (sometimes called a marital annulment) is similar to the divorce or separation processes in that you petition the court citing grounds for an annulment, and prove your claim with evidence. The burden of proof is greater for an annulment than a divorce, however. You or your lawyer must prove a ground for annulment. Acceptable grounds include:

  • Fraud – You can obtain an annulment in this state if your spouse got your consent for marriage by fraud or by misrepresenting him or herself
  • Mental Illness – State laws provide that a mentally incapacitated person cannot enter into a marital contract. If your spouse is mentally incapacitated, you can obtain an annulment
  • Underage Marriage – Any person that has not attained the legal marriageable age (18), he or she cannot get married. However if your marriage occurred anyway, you can get your marriage annulled
  • Incest – Entering a marriage with someone who is too closely related to you, state laws restrict marital contracts from such individuals and
  • Impotency– Impotence is a valid annulment ground
Loss of the use of underage as grounds for an annulment

When one or both spouses marry below the age of consent (18), and they continue to cohabit after they both turn 18, they lose the right to file for annulment using underage as grounds.

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Is there a time limit on getting an annulment in this state? Not really, but the basis for having a marriage annulled is rooted in one spouse’s incapacity or failure to disclose important information to the other. It is presumed that the objecting spouse will seek to annul the marriage in a reasonable amount of time after learning about the conditions that raised the need to seek an annulment. The state requires that you wait at least 6 months after a divorce to get remarried (unless that spouse has died). If your re-marriage took place within this 6 month window, your marriage can be annulled.

 [Oklahoma Statutes – Title 43 – Sections: 125, 126]

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