In Oklahoma there is a waiting period after a divorce but there are some exceptions. Many people are surprised to find out the Oklahoma has certain restrictions on remarrying after a divorce. Given that through no fault divorce the process is made easy why would getting remarried be so difficult. In truth a divorce or legal separation is such a significant life event. Its an event that marks the end of a marital relationship that at its beginning was thought to be forever. While it signifies the end of a marriage, there are certain steps and waiting periods that individuals must adhere to before they can remarry. In the state of Oklahoma, like in many other jurisdictions, there is a waiting period for remarriage following a divorce. In this article we will explore what this waiting period entails and how it impacts individuals wanting to remarry shortly after the divorce.
Oklahoma’s Waiting Period for Remarriage:
In Oklahoma, the waiting period for remarriage after a divorce is set by state law. According to Oklahoma Statutes Title 43 ยง 123, individuals who have been divorced must wait a statutory period of time after the divorce is final before they can remarry. The waiting period is 6 months from the date the divorce decree is finalized. This law although pretty straight forward cause lots of questions for people.
Purpose of the Waiting Period:
The waiting period for remarriage serves several purposes, including:
- Time to Reconsider: The waiting period gives people time to consider their past marriage, assess their readiness for a new relationship. The belief is that this time allows them to think about their decision to enter into a new marriage.
- Finality of Divorce: By making people wait to remarry this ensures that the process of divorce in the prior marriage is actually completed.
- Prevention of Hasty Decisions: By imposing a waiting period, the law aims to prevent impulsive decisions to remarry immediately after divorce, which may not be in the best interests of the individuals involved or any children from the previous marriage.
Exceptions to the Waiting Period:
While the waiting period for remarriage is generally 6 months in Oklahoma, there are certain exceptions and circumstances where individuals may be eligible to remarry sooner. These exceptions include:
- Waiver of Waiting Period: In some cases, a judge may grant a waiver of the waiting period for remarriage. This requires a showing of good cause or extenuating circumstances. However, waivers are typically granted sparingly and at the discretion of the court.
- Annulment of Marriage: If a marriage is annulled rather than dissolved through divorce, there may be no waiting period for either party to remarry. This is because the marriage is considered void from the outset.
- Pending Appeals: If a divorce decree is appealed, the waiting period for remarriage may be tolled. The tolling continues until the appeal process is finalized and the divorce decree becomes final.
Oklahoma Divorce Attorneys Near You
The waiting period for remarriage in Oklahoma is a real thing. The idea is that it provides newly divorced people with a necessary pause to reflect on their past marriage. Its said that it help to ensure that they are ready to enter into a new marriage. By understanding the waiting period requirements and any exceptions that may apply, individuals can navigate the process of remarrying after divorce with clarity and compliance with state laws. For a free consultation with an Oklahoma family lawyer at Tulsa Divorce Attorneys and Associates call us at 539.302-0303. Or send us an email question by clicking here.