Understanding Marriage Annulment in Oklahoma

In Oklahoma, an annulment or decree of invalidity is a legal process in which a marriage is declared void and considered never to have legally existed. Annulment is different from divorce, which terminates a legal union between two individuals. In Oklahoma, the reasons or grounds for annulment are categorized into two: void and voidable marriages.

A void marriage is considered invalid from the beginning (ab initio). Nothing the spouses do may make the marriage valid. Even if they continue to live together after learning the truth, it doesn't validate the marriage. In Oklahoma, a marriage is void if the spouses are closely related (consanguinity), or when one party was still married to someone else at the time of marriage (bigamy), as defined under Okla. Stat. tit. 21 § 881.

On the other hand, a voidable marriage remains lawful until one of the parties seeks an annulment. For instance, in Oklahoma, marriages may be voidable for “equitable” reasons. The most common equitable reason for annulment is fraud. This includes claiming to be pregnant to the other party, setting up a marriage for a green card, or for the sake of citizenship. However, the putative spouse must take steps to annul the marriage immediately they learn the truth. Otherwise, they may lose the right to seek annulment. Other grounds for voidable marriages include impotence, incapacity, or coercion.

To get an annulment in Oklahoma, the petitioner must file a case in the district court stating the grounds that necessitate the annulment. The court would assess the validity of the claims and decide whether to grant the petition. Should the court grant the annulment, the individuals become single again and may immediately marry other people.

The annulment petition seeks to obtain a decree declaring the marriage void from its inception. This enables both parties to clear their doubts and move on from any emotional trauma due to their commitment to each other.

An annulment in Oklahoma does not make children born during the marriage illegitimate. The court orders child custody and support as it deems fit in the best interest of the children. Moreover, suppose the spouses acquired property or debts during the marriage. In that case, the court may divide these assets using the “equitable division” standard, similar to the standard applied in divorce cases in Oklahoma.

Grounds for Annulment in Oklahoma

In Oklahoma, an annulment serves as a legal remedy, effectively nullifying a marriage as if it never existed. There are several specific grounds for annulment recognized under the law in Oklahoma.

Bigamy: As defined under Okla. Stat. tit. 21 § 881, bigamy occurs when one party to a marriage is already married to another at the time of marriage. The existing marital commitment renders any subsequent marriage null and void.

Lack of capacity: This occurs when one or both parties to the marriage lack the capacity to consent. This may be due to mental incapacity, medical problems, or substance abuse.

Fraud: Fraud may render a marriage voidable. When one party misleads the other party by misrepresenting their financial, health, criminal, or marital status, the marriage is voidable. When the putative spouse learns about the fraud, they are entitled to file for annulment.

Coercion: This occurs when one party is forced into the marriage against their will and therefore cannot give true consent. This includes situations where consent is derived by threats, force, duress, or emotional abuse. Such pressure nullifies the consent, making the marriage contract invalid. However, if the putative spouse continues to live with the person as a couple, the court may consider that as ratification and may waive their right to an annulment.

Underage marriage: The legal marriage age in Oklahoma is 18 years. If one of the parties to the marriage was under 18 and did not have a written consent of a parent or guardian, the marriage is considered voidable. To get a marriage annulled on the grounds of underage marriage, the annulment process must be initiated before the spouse attains the age of majority. It must also be done two years after the marriage.

Eligibility Requirements for an Annulment in Oklahoma

To file for an annulment in Oklahoma, the petitioner must meet the residency requirements. Either the marriage was performed in Oklahoma or one spouse must have been resident in the state for at least 6 months. Also, they must be a resident of the county where they intend to file for at least 30 days.

The putative spouse, an interested third party, or the state may challenge the validity of a void marriage at any point in time, particularly a marriage that is prohibited under the state’s laws. On the other hand, voidable marriages remain valid until one of the spouses petitions the court for an annulment.

In Oklahoma, if the circumstances that made the marriage voidable no longer apply, the marriage cannot be annulled. For instance, if a spouse was underage at the time of marriage and annulment is initiated after the individual has attained legal marriage age, the individual will be barred from obtaining an annulment on those grounds.

In most cases, the annulment process must begin within a year of marriage. Continued cohabitation may be construed by the court to mean ratification of the marriage, causing the spouse to lose the right to seek annulment. The legal marriage age in Oklahoma is 18 years. A parent or guardian may file for annulment on behalf of an underage spouse, but this must be done before the spouse reaches 18 years. Also, for a marriage to be annulled on the grounds of mental incapacity or fraud, the putative spouse must file for annulment one year after discovery.

How to Get a Marriage Annulled in Oklahoma

Getting a marriage annulled in Oklahoma involves a series of steps. To begin with, the petitioner must determine the grounds for annulment and verify that it is in line with the law. Once this has been established, the next line of action is to complete the necessary paperwork. They must pick up a petition for annulment, outlining the reasons for which they seek annulment and specifying the relief they would like the court to grant them (to declare the marriage invalid).

Following the submission, the petitioner must serve a copy of the annulment filing on the respondent. This may be done through the sheriff's office or a third-party service. Subsequently, the respondent must respond to the petition within 30 days. If the respondent contests the annulment, the court would invite both parties for a hearing.

The petitioner must present clear and convincing evidence to the judge to prove their grounds. The evidence may include documentation such as birth certificates, medical reports, police reports, and copies of fraudulent documents. Order acceptable evidence includes witness testimonies and the petitioner’s own testimony, a clear and credible account of the facts. If the judge agrees that the grounds are valid, they will sign a decree of invalidity of marriage. This legal document officially annuls the marriage, treating it as if it never legally existed.

Required Forms and Documentation for an Annulment in Oklahoma

To obtain an annulment in Oklahoma, the individual must satisfy the state’s recognized grounds for annulment. These must be proven with evidence. During the annulment process, there are some necessary documents that the petitioner must file with the circuit court in the appropriate Oklahoma county. These documents include:

Petition for Annulment: This is the main pleading that starts the case. It contains the names and addresses of both spouses, date and place of marriage, and residency facts showing the court has jurisdiction, grounds for annulment, and a request for relief.

Summons: The summons is served on the other spouse with the petition. Under Title 43 §110, filing a petition for annulment or divorce automatically triggers an injunction between the parties until the final decree is entered or the petition is dismissed. It may be obtained from the district court clerk's office or through county websites.

Cover Sheet: This is the document that accompanies the first filing in their moment case. It is used for internal case tracking and classification. It contains the names, addresses and contact information, type of case, and the type of relief requested (annulment).

Proposed Decree of Annulment: This is the final order that the judge signs when the annulment is granted. It states that the marriage is void or voidable and sets out orders on property, debts, custody, and child support.

Pauper's Affidavit: If a party cannot afford court costs, they may file a pauper's affidavit requesting a waiver.

Affidavit of Service: This document is used to demonstrate that the petitioner has served a notice on the respondent.

Most forms may be obtained from the district court clerk's office or accessed through their website. Alternatively, they may be obtained through the state judiciary website.

Where to File for an Annulment in Oklahoma

In Oklahoma, the petition for annulment must be filed in the district court of the county where either or both parties reside. It must be accompanied by a summary of relevant facts, supporting evidence such as police reports, texts, emails, or photographs, and witness testimonies. It is essential to provide complete and accurate information to avoid delays and dismissal.

Annulment Timelines and Waiting Periods in Oklahoma

Annulments in Oklahoma have statutes of limitations. In general, the petition for annulment must be filed within four years following the marriage in question, although certain exceptions may alter this timeframe.

Moreover, the duration of an annulment in Oklahoma depends on the complexity of the case and the court's schedule. In cases where both parties agree on all the issues surrounding the annulment, the case may be decided within a few months, typically four to six months. Where there are points of disagreement about assets and properties, or where children are involved and there is a need to navigate issues of co-parenting, the process may drag on for over a year.

Costs and Court Fees for an Annulment in Oklahoma

In Oklahoma, the filing fee is $200. Certified copies of documents cost $ 0.50 per document and $ 1.00 per page. If the petitioner requires the services of an attorney, the cost is up to $300 per hour. Serving notice through the sheriff's service costs about $50 per service. Petitioners who are indigent may request that the court waive the filing fee. They may be required to demonstrate indigency by filing out a form to that effect with an affidavit.

After the Annulment: What Happens Next?

After the judge has signed the decree of annulment, the marriage is officially declared void. Both parties are considered single and may marry other people immediately; unlike divorce, they do not have to wait for 6 months.

Unlike divorce, spousal support is generally not available in an annulment proceeding. Moreover, the court will treat properties and assets as though the parties were unmarried partners. Properties remain the possession of the individual who purchased them. Children born during the marriage are considered legitimate. The court will establish paternity and issue orders for child custody and support as it deems best in the interest of the children