Divorce in Muskogee, Oklahoma is stressful.
When couples head to divorce court, some vow never to get married again, but often couples are more than willing to remarry after divorce.
Here is what you might want to know about remarriage in Oklahoma.
Oklahoma Has a Mandatory “Cooling Off” Period
Oklahoma has a six-month period after divorce before you can remarry in the state of Oklahoma, unless you are remarrying or living with your divorced spouse. The purpose of the cooling off period is to allow couples a period of time to reconcile post-divorce.
The statute expressly states that it is unlawful to marry or cohabit within six months of the date a divorce decree is issued. Okla. Stat. tit. 43 § 123
If you marry someone other than your ex-spouse before the expiration of the six-month period, your new marriage is considered voidable. That means that the new Oklahoma marriage can be easily annulled.
Remarry After Divorce Waiting Period Exceptions
The cooling off period does not apply to couples that were divorced in another state and then move to Oklahoma. They are free from the restriction.
You can also choose to remarry after divorce in another state and then return home to Muskogee. But be forewarned. If you live with your new spouse in Oklahoma during that six-month cooling off period, you could be found guilty of bigamy in Oklahoma.
In Oklahoma, bigamy is a felony punishable by up to three years in the state penitentiary.
Realities: Is the Risk Worth It?
In reality, you may never get charged for bigamy if you remarry or cohabitate with another before the expiration of the six-month period. District attorneys are often busy.
However, this is the kind of matter that can get messy quickly. Why risk jail? Angry ex-spouses can make your life miserable and it is not outside the realm of possibilities for an angry ex-spouse to press a district attorney to press charges against someone not in compliance with the cooling off period.
It is better to make sure that you follow the letter of the law in this case. An experienced Muskogee family law attorney can help.
Low-cost Consultation: Muskogee Divorce Lawyer
If you have concerns about your right to remarry after divorce in Oklahoma, contact an experienced Muskogee divorce lawyer as soon as possible to protect your legal rights.
Call the Wirth Law Office – Muskogee today at 918-913-0725, or toll-free at 1-888-447-7262 [Wirth Law].
