dalerayzeen said:
What is the name of your state?What is the name of your state? Oklahoma is the state.
My 18 year old daughter got married about 8 months ago, she has been seperated for 3 months now. They were married in Arkansas
I would like to know if she can get an annulment or if she needs to go file for divorce at the court house?
Thanks for the help!
Your daughter would have to file for either divorce or annulment at the courthouse, however the grounds for annulment are somewhat limited and divorce is more likely the means by which she will have to end the marriage. Are there children? Also OK has a remarriage/co habitation restriction for 6 months following final divorce decree.
http://www.dougloudenback.com/law/okdivst.htm
Oklahoma Statutes Citationized
Title 43. Marriage
Section 123 - Unlawful to Marry Within 6 Months from Date of Divorce Decree-Penalty for Remarriage and Cohabitation-Appeal
Cite as: O.S. §, __ __
It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state, or to cohabit with such other person in this state during said period if the marriage took place in another state; and if an appeal be commenced from said decree, it shall be unlawful for either party to such cause to marry any other person and cohabit with such person in this state until the expiration of thirty (30) days from the date on which final judgment shall be rendered pursuant to such appeal. Any person violating the provisions of this section by such marriage shall be deemed guilty of the felony of bigamy. Any person violating the provisions of this section by such cohabitation shall be deemed guilty of the felony of adultery.
An appeal from a judgment granting or denying a divorce shall be made in the same manner as in any other civil case.
Historical Data
R.L. 1910, § 4971; Laws 1925, c. 119, p. 166, § 1; Laws 1957, p. 82, § 1; Laws 1969, c. 322, § 1; Laws 1970, c. 5, § 1, eff. Jan. 1, 1971. Renumbered from Title 12, § 1280 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.; Amended by Laws 1997, c. 133, § 462, Effective Date Amended to July 1, 1999 by Laws 1998, c. 2 (First Extraordinary Session), §§ 23-26, effective June 19, 1998 (superseded document available).
Remembering that marriage is a contract, an annulment is a method of voiding a marriage "ab initio" (from the beginning). If an annulment is granted, the result is that the parties are treated as if the marriage never occurred. An annulment can only be granted, however, if the marriage contract suffers from a defect in the contract formation. Such defects include an underage party without parental consent, a party lacking the mental capacity to understand the marriage contract or fraud in the inducement of the marriage contract. An annulment can only be granted to the innocent party, or the party that suffers from the defect.
An annulment cannot be granted in a common-law marriage. Since the defect or fraud goes to the creation of the contract, if any of the annulment grounds exist, that ground would prevent the creation of the common-law marriage.
