Marriage Annulment in Oklahoma

Oklahoma alllows for annulments.

While divorce is the most commonly used method for ending a marriage, annulment can also sometimes be used. Unlike divorce, annulment acts retroactively, meaning the marriage never took place from a legal perspective. Oklahoma recognizes the right of married couples to seek an annulment if they meet specific conditions.

Requirements

As in divorces, Oklahoma requires any party filing for an annulment to meet the residency requirements. The filing party (called the petitioner) must have lived in an Oklahoma county for at least 30 days before filing the petition. Once the petitioner meets this requirement, he can file in the county in which he or the spouse resides.

Types

Some annulments are effective immediately upon the marriage (void), while others marriages can be annulled (voidable) if one of the parties asks to court to do so. However, the difference between these two kinds of annulments is a legal distinction, and there is little effective difference. Anyone seeking to have a marriage annulled must file a petition with the court stating the grounds for annulment. The petitioner has the burden of proving her claim, whether or not the annulment is void or voidable.

Basis

In general, a marriage contract in Oklahoma can be voided for any reason any other contract can be voided. The courts can determine the contract should be set aside if certain conditions are present. These include mental incapacity, or the inability to knowingly enter into a contract, entering into an incestuous marriage, if the marriage is based on a fraudulent condition or if a spouse is impotent.

Capacity

Oklahoma law requires that anyone entering into a marriage be of at least 18 years old, unless they meet specific exceptions. These exceptions include getting married with the consent of the parent or guardian in the presence of the person issuing the marriage license, or upon written consent of the parent or guardian given to a judge or clerk of the court. Anyone under the age of 16 is forbidden from being married except when authorized by the court. Anyone getting married under age without meeting the exceptions allowed for by law can have the marriage annulled.

Ratification

Some voidable marriages may subsequently lose their voidable status if certain factors are met. For example, if a couple is married where one spouse is under age, they may ratify the marriage if the marital impediment (the age of the spouse) is removed and they maintain their status as married. So, if the spouse becomes old enough to be married and decides to stay married without challenging the marriage, it can no longer be annulled

References

• Oklahoma State Courts Network: Oklahoma Statutes § 43 (3)
• AbourDivorce.org: Oklahoma Annulment Laws