Tulsa Attorney BlogDoes Divorce Have to be Filed in the Same State as the Marriage?

Each Jurisdiction Has Its Own Rules on How to File a Divorce


Oklahoma divorce lawyerVideo Transcribed: Does divorce have to be filed in the same state as the marriage? My name is James Wirth and I am a Tulsa attorney, that’s the question that we have.

Does it have to be filed where you got married? The answer to that is no.

Each jurisdiction has its own rules determining what it has the authority to deal with, but if a state has jurisdiction over the marriage, primarily that’s going to be due to residency, then they’ve got jurisdiction to dissolve that marriage. So it’s not based on where you got married, it’s usually based on where you’re living now.

For instance, the state of Oklahoma. For the court to have jurisdiction, we’re looking at, having the parties reside there, or one of the parties resided, there for six months, been a resident for the last six months prior to the filing of the state, and 30 days residents of the county prior to filing. That determines jurisdiction in Oklahoma.

Interestingly, to file for a legal separation, you just have to be a resident, but for no specified period of time, for divorce, it’s got to be the last six months in the state. Legal separation does not require that. Other states have similar but could have different rules related to how to have jurisdiction in that state. But you’re going to look at the jurisdictional rules of where you’re residing to see if you can file there.

And the answer to the question is, the marriage does not have to be in the state. It doesn’t even have to be in the country. We’ve done plenty of divorces where the parties were married overseas. It all about do you have jurisdiction over the marriage, meaning are they residents, and have they been residents in the state of Oklahoma for the last six months?

All right, if you’ve got any other questions related to family law or Oklahoma law, you’re going to want to talk to an attorney privately and confidentially about that. To get that scheduled with a Tulsa divorce lawyer at my office, you can go online to makelaweasy.com.

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