Separation Doesn’t Matter
Can I avoid Oklahoma’s six months prohibition on remarriage if my ex and I were separated a long time before divorce? I’m Tulsa Attorney James Wirth and that’s the question that we have. It is a statutory question. It is under Oklahoma Statutes Title 43, Section 123, and it provides that when you get divorced in the state of Oklahoma, you cannot marry another person until six months have passed from the date of that divorce decree, from the date that that marriage is dissolved.
Now, going out of state to marry, Oklahoma does not have control over what you do out of state. However, they do have control of what you do in the state of Oklahoma. So to get around that potential loophole, the law also says that if you marry out of state during those six months and then reside together with your new spouse in the state of Oklahoma, that is also illegal. And it’s not just any illegal, it is a felony under Oklahoma law. It is listed as being bigamy, or you could be convicted with a felony sentence and get a term of one to three years in the state penitentiary for that.
So the question is, though, if we were separated a long time before we get our marriage dissolved, does that mean that we can remarry? The answer is no. There’s no exceptions listed in the statute. It doesn’t matter how long you were separated, how long the divorce process took, or whether you had a legal separation entered even by a court before that. The law doesn’t list any exceptions for that. So once that divorce decree is entered, that’s when the six months start to count, regardless of what occurred prior to that.
Seek Legal Advice for Oklahoma Family Law
If you’re dealing with that circumstance, or you have another question about Oklahoma family law, you’re going to want to talk to an attorney privately and confidentially about that to get legal advice. If you want to speak to an attorney at my office, you can go online to MakeLawEasy.com.
Call for a Strategy Session
To discuss your specific situation and receive personalized legal guidance, call our office. We offer an initial strategy session to help you understand your rights and options. Don’t navigate the complexities of Oklahoma’s marriage laws alone – let us provide the support and expertise you need.
