Understanding the legal timelines following a divorce is crucial to ensure compliance with the law and avoid potential complications that might affect your future. In Oklahoma, those who have been through a divorce are required to adhere to a specific waiting period before they can legally remarry. This waiting period is six months from when the divorce decree is granted.
Although violations of this waiting period are rarely prosecuted, especially in cohabitation cases, it's essential to understand the potential legal consequences and the reasons behind these regulations.
A legal professional can provide tailored advice, considering your unique circumstances. A lawyer can help you understand your rights and obligations following a divorce and discuss the potential outcomes if you remarry during the waiting period. Given the complexities of family law, professional counsel is invaluable.
If you are navigating the complexities of divorce in Norman, OK, speak with Nichols Dixon PLLC about your case. Our experience in family law allows us to provide insightful counsel. Call (405) 294-1511 or contact us online today.
Granting a Divorce Decree
A divorce decree is the final court document that officially terminates a marriage. Issued by a judge, this document marks the end of a marital relationship. It outlines the terms and conditions agreed upon by both parties or decided by the court. These terms typically cover critical aspects such as asset division, debt allocation, child custody, support arrangements, and alimony.
The decree serves as a legal confirmation that the individuals involved are no longer married and can live independently, subject to the conditions set forth.
When a divorce decree becomes final varies depending on several factors, including whether the divorce is contested or uncontested and if minor children are involved. The process can be relatively swift in cases where the divorce is uncontested and the couple has no minor children. Such divorces can be finalized as quickly as 10 days from filing the divorce petition, allowing the parties to begin their new separate lives.
However, if the divorce involves minor children, the state mandates a waiting period of 90 days from the filing date. This waiting period gives families time to adjust to the impending changes and to ensure that all decisions regarding the welfare of the children are made with due consideration.
The Statutory Framework for Remarriage
Individuals who have recently concluded a divorce are subject to a legal waiting period before they can remarry. Oklahoma Statutes, Title 43, Section 123, imposes a mandatory six-month waiting period during which it is unlawful for either party to remarry within the state.
It is also unlawful for divorced individuals to marry in another state and then cohabit with their new spouse in Oklahoma during the six-month waiting period. This provision aims to maintain the integrity of the state's waiting period by discouraging attempts to circumvent the law through marriage in another jurisdiction.
However, conditions and exceptions to the law exist. Notably, the waiting period does not apply if the individuals decide to remarry each other. In such cases, the previously divorced couple can legally remarry without waiting six months.
Additionally, while a person can legally remarry in another state without waiting for the six-month period to elapse, they must comply with Oklahoma’s waiting period if they plan to move back to and live in Oklahoma with their new spouse during this interval.
The Rationale Behind the Remarriage Waiting Period
Oklahoma's six-month waiting period for remarriage after divorce is rooted in emotional and legal considerations. This statutory measure serves multiple purposes, giving individuals adequate time to address the aftermath of their divorce before entering into another marriage.
Some of the reasons behind the waiting period include allowing time for:
- Appeals. Divorce decrees, while final, can be contested if new information or issues arise shortly after the judgment.
- Emotional adjustments. The waiting period acts as a buffer, giving individuals time to reflect on their previous relationship and to stabilize emotionally.
- Settlement of all legal aspects of the divorce. The waiting period also ensures that all legal aspects of the divorce, such as property division, child custody, and financial arrangements, are entirely settled.
Legal Consequences of Premature Remarriage
Suppose an individual remarries within Oklahoma before the six-month waiting period concludes. In that case, the act is bigamy, considered a felony under state law. Bigamy occurs when someone is legally married to one person who is still living and simultaneously enters into a marriage contract with another.
Moreover, cohabiting with a new partner during the waiting period, even if no formal marriage occurs, is legally considered adultery. Adultery involves engaging in a new sexual relationship while in a marriage with another person. Like bigamy, adultery is a felony.
Understanding the Nuances of Divorce in Oklahoma
Given the complexities and potential consequences of remarriage after divorce, consulting with a legal professional cannot be overstated. Legal advice is invaluable in navigating the intricacies of your specific situation, ensuring that your actions comply with state laws, and helping safeguard your interests.
If you have questions about divorce proceedings in Norman, please schedule a consultation with Nichols Dixon PLLC by calling (405) 294-1511.
