Guide to Annulment of Marriage in Oklahoma
While most marriages end with either divorce or death, there is an alternative to divorce available for some spouses. An annulment of marriage in OK differs from divorce in several key respects. This guide will help you understand what an annulment is, and whether your marriage may qualify for an annulment of marriage in Oklahoma. You'll also learn why a civil annulment of marriage in OK may not qualify under religious laws as a proper annulment.
Divorce vs. Annulment of Marriage in Oklahoma
When a couple divorces, the court system recognizes that their relationship existed and was valid, but does not exist any longer. However, when a couple applies for an annulment of marriage in OK, they are in essence asking the court to decide that their marriage never existed legally. An annulment of marriage in Oklahoma retroactively voids the entire marriage, making it as if the couple had never been married at all.
Grounds for Annulment of Marriage in Oklahoma
While divorce is available on a no-fault basis for all couples, getting an annulment of marriage in OK is more difficult. You may only be awarded an annulment of marriage in Oklahoma by showing that in some way, the marriage contract itself was not valid. While some states consider impotence or insanity grounds for an annulment, you may only get an annulment of marriage in OK by showing that your marital contract was void or voidable at the time when it was contracted.
For instance, if one member of a couple was incapable of consent due to his or her age or mental incapacity, an annulment of marriage in Oklahoma may be granted. Additionally, if the marriage was due to one party being forced or defrauded, the contract is invalid and the court may grant an annulment of marriage in OK.
Alternatives to Annulment of Marriage in Oklahoma
If you want an annulment of marriage in OK but have no grounds for annulment, you will have to file for divorce instead. In most cases, it may actually be easier to file for divorce than for an annulment of marriage in Oklahoma. If you and your spouse can agree on how to divide your property, getting a no-fault divorce can be inexpensive and fast.
In most situations, there is essentially no legal difference between a divorce and an annulment of marriage in OK except for the fact that the latter means you have never been married. In most situations, this distinction is meaningless, and even a couple who qualifies for an annulment of marriage in Oklahoma may choose to divorce instead.
Religious Annulment of Marriage in Oklahoma
While civil annulment of marriage in OK requires that you prove specific grounds for annulment, religious annulment has different guidelines. In order to find out about religious annulment in your church, you will need to consult with your religious leader. Typically, attorneys will not assist with religious annulment of marriage in Oklahoma, so you will need to seek your annulment on your own. In some religious traditions, annulment is required in order for a second marriage to be recognized by the church.