Legal Question in Family Law in Oklahoma

Married prior to 6 mo waiting period and want a divorce.

My husband and I have been ''married'' for 5 years. We have two children together and own a home. I recently found out that he and I were married 28 days prior to the 6 month waiting period (He and I were married on the 3rd of April and the waiting period from his previous divorce wasn't over until the 31st.) When I told him this he said that the 6 month waiting period is only to allow the ''ex'' to object to a new marriage. He said that since she didn't object or try to stop our marriage, he and I are legally married. I, on the other hand, was told differently. I am currently trying to seek a divorce and am trying to determine if a divorce is necessary? What about if we are considered common law married... what do I do then to end this relationship. Thanks so much!!


Asked on 6/06/03, 4:57 pm

1 Answer from Attorneys

Herb Southern The Southern Law Firm

Re: Married prior to 6 mo waiting period and want a divorce.

While your "marriage" is invalid, your "common law marriage" is not. You are married and in order to be separate and single, you must get "divorced" You can be common law married but you cannot be common law divorced. It has to have the Court stamp of approval.

But then, you have children. The issues that the Court will address pertain mainly to child custody and visitation.

Bottom line here ... get an Attorney and get divorced! AND, don't listen to legal advice from your "husband". Get the straight scoop from YOUR ATTORNEY!

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Answered on 6/06/03, 11:00 pm


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