The Difference Between a Divorce and an Annulment in Oklahoma

As a civil contract, marriage is generally subject to abrogation either by divorce or annulment as provided by the laws of Oklahoma (O.S. § 43–1). All actions to abrogate a marriage are typically presided over and enforced by order of the state judiciary. Furthermore, records of divorce and annulment proceedings are available to the public unless otherwise prohibited by a court order or statute.

What is an Oklahoma Divorce Decree?

A divorce decree, or a judgment of dissolution in Oklahoma, declares that the court has terminated the marriage contract and any obligation or liability associated with the marriage (O.S. § 43–122). Consequently, the divorcees revert to their original social and legal status before the solemnization.

Family court documents generally encompass both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records makes them considerably more difficult to find and obtain compared to other types of public records. In many cases, these records are unavailable through government sources or third-party public record websites.

What is an Annulment in Oklahoma?

An annulment is generally considered an order that retroactively voids a marriage. Thus, upon examination, the court may rule that the marriage was never legal. Couples may file for annulment on several grounds. Per O. S. § 43–2, the law expressly prohibits and voids consanguinity, i.e., a marriage between kin. Furthermore, according to O. S. § 43–126 and O. S. § 43–125, another ground for annulment is a marriage wherein one of the spouses has not received a final decree of divorce. Other grounds for annulment in Oklahoma include marriage fraud, marriage under duress or threat, and marriage with an incompetent person (O. S. § 43–3).

Annulment records are available to the public, according to Oklahoma sunshine laws. However, these records are usually accessible at the clerk's office at the court that adjudicated the petition. However, the record custodian may sequester annulment records that contain confidential information from public access, e.g., information on a minor.

Annulment vs. Divorce in Oklahoma

The primary similarities are that both cases follow the Oklahoma Rules of Civil Procedure, and a decree frees both parties from the bonds of matrimony. Still, divorce and annulment are intrinsically different in what either action accomplishes. An annulment means that a marriage was never valid under state laws. A divorce, however, means that the court recognized the validity of the marriage until the date of the decree.

Besides, either spouse may initiate the divorce suit at any time, but a person must file for annulment as soon as they discover the invalidity of the marriage. Otherwise, the court may consider the motive for implicit failure to annul before granting the petition.

Is an Annulment Cheaper Than Divorce In Oklahoma?

No. The cost of an annulment is often significantly higher than a divorce settled out of court. The process of annulling a marriage involves several legal expenses, such as the cost of legal investigation, providing corroborating evidence, and attorney fees.

What is an Uncontested Divorce in Oklahoma?

Generally, uncontested divorce refers to a no-fault petition for dissolution of marriage based on incompatibility. However, an uncontested divorce may also refer to a situation where the respondent does not file a counterclaim or disagrees with the grounds for divorce. To get a no-fault divorce in Oklahoma, the intending divorcee is typically required to submit the petition and, more importantly, an equitable settlement agreement signed by both spouses. The agreement should detail the division of property, financial assets, and liabilities. If there are minors involved, the settlement agreement may also detail the intending divorcees’ agreement regarding child support, parenting time, and alimony.

Where to Get an Uncontested Divorce Form in Oklahoma

Divorce forms are available at the office of the clerk of courts in the jurisdiction where the divorce action will begin—this is usually the spouses’ residential county. Note that the court does not provide divorce forms online as of December 2020, but interested persons may get the forms from their attorneys or a third-party service. Also, note that intending divorcees must meet the six-month residency requirement for filing a divorce suit in Oklahoma (O. S. § 43.102). 

Records of uncontested divorces are generally available to the public. However, upon request, the court may issue an order to sequester a divorce record that contains information that violates the privacy or safety of the divorcees (O. S. 24A.5). These include the settlement agreement, financial records, and information regarding minors.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

How do I Get a Copy of my Divorce Decree in Oklahoma?

Find the location and contact information of the district court using the court directory, and visit the office of the clerk of courts in person during business hours. There, the requester must submit a formal request for a copy of the divorce decree and provide the necessary details to help the court staff retrieve the divorce decree. Depending on the court’s record management system, the details may include the divorcees' names and the divorce decree's date, docket number, or the name of the presiding judge. Furthermore, they are generally required to pay the applicable fee for searching, copying, and certifying the divorce decree.

Divorce and marriage records may be available through government sources and organizations, though their availability is not guaranteed. Similarly, their availability through third-party websites and companies is not guaranteed, as these organizations are not government-sponsored, and record availability may vary. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Bearing these factors in mind, record availability for these types of records is not guaranteed.

How Do I Get An Oklahoma Divorce Decree Online?

As of December 2020, the Oklahoma Judiciary does not process online requests for divorce decrees. Thus, persons who need a copy of the divorce decree may visit the clerk of court office in person and during business hours. However, publicly available case information on divorce is available on the court docket.