Question about a divorce/remarriage Law.

[Ceritus]

Ok this is the deal oh what a fun mess. My girlfriend is getting divorced from her husband she is bearing my child and the divorce will be final on dec 15th. She has been separated with her husband for about a year and a half so she could retain benefits since he is in the military. I am also in the military (oh joy) and I will need to remarry her as soon as possible so my benefits can be used by her for this labor.

She was married in Texas and will be getting a divorce in Texas however we live in Oklahoma. Reading this law how do you all interpret it?

Oklahoma

The statute, while prohibiting a marriage of either party to a divorce for 6 months after the rendition of the decree, does not declare such marriage invalid. Any marriage contracted in Oklahoma within 6 months after a divorce decree was granted is valid unless set aside. A marriage entered into outside of Oklahoma within the 6-month period would be held to be voidable by the courts of Oklahoma and valid by the courts of other States as the prohibition has no extraterritorial effect.

Where there is no objection either in the motion for new trial or the petition in error to the granting of the divorce, a divorce decree is final and takes effect as of the date of rendition.

Where the final judgment dissolving a marriage was entered prior to 5/7/69, a divorce decree is considered effective upon the expiration of a six-month period after the date the final judgment was rendered, or in the case of an appeal, after such appeal has been determined.

If she is not divorced in Oklahoma can she remarry within 6 months? Or will it still apply to her?

 

[MRC_Hans]

I never cease to wonder at the daft laws you Americans have (not very helpful post, sorry).

Hans

 

[Ed]

Any marriage contracted in Oklahoma within 6 months after a divorce decree was granted is valid unless set aside.

That seems pretty clear. Alternatively, you might hop a plane to Vegas, get hitched, and return certificate in hand.

 

[Ed]

I never cease to wonder at the daft laws you Americans have (not very helpful post, sorry).

Hans

Not daft so much as a lot of them. You might think of every state as being a soverign entity, much like the individual countries in the EU. Unless the Constitution gives authority to the Feds, the laws are passed locally.

 

[Ceritus]

just paranoid because of this law

Waiting period
In a divorce action involving minor children, the court will not issue a decree of divorce until ninety (90) days have elapsed from the date of the filing of the petition. In addition, it is unlawful for a party to divorce action to remarry (except to each other) or cohabit with another for six months from the date of decree. Any person who violates this provision is guilty of bigamy and may be imprisoned for a term of not less than one (1) year and not more than three (3) years in the State Penitentiary. OSA 43-107.1, 43-123

 

[MRC_Hans]

As I said, weird. That's whether it's federal or local law. Once divorce is granted, why a waiting period? And it's illegal to cohabitate???

In my neck of the forest, you can cohabitate even with a married person, as far as the law is concerned. The spouse may have problems with it, but not the law.

Hans

 

[Beerina]

Any marriage contracted in Oklahoma within 6 months after a divorce decree was granted is valid unless set aside.

That seems pretty clear. Alternatively, you might hop a plane to Vegas, get hitched, and return certificate in hand.

Except for this:

A marriage entered into outside of Oklahoma within the 6-month period would be held to be voidable by the courts of Oklahoma and valid by the courts of other States as the prohibition has no extraterritorial effect.

I.e. Oklahoma courts can still blow it away -- but only within Oklahoma.

I thought this kind of thing was covered by Federal law -- one of the actual reasonable uses of the Interstate Commerce clause was authorizing Congress to iron out marriages such that any state's marriage must be recognized in all other states. Same for driver's licenses.

Indeed, wasn't part of all this "gay marriage" hoopla Congress clarifying that gay marriages in one state did not have to be recognized by other states?{/b] I.e. that they had to alter their own current federal law?

So how can Oklahoma make a marriage null and void from outside the state, inside the state, if there's a Federal overriding law that all marriages (except gay) must be recognized in all other states?

 

[drkitten]

Reading this law how do you all interpret it?

If she is not divorced in Oklahoma can she remarry within 6 months? Or will it still apply to her?

Why on earth are you asking for Oklahoma-specific legal advice on an international chat forum?

I don't ask my plumber for legal advice, any more than I ask my lawyer to weld pipe. And I don't ask random lunatics from the 'Net to do either.

"Free" legal advice can be the second most expensive thing in the world. Second only to free medical advice, since that can kill you.

 

[luchog]

So how can Oklahoma make a marriage null and void from outside the state, inside the state, if there's a Federal overriding law that all marriages (except gay) must be recognized in all other states?

Yeah, I'm still trying to figure out how the Oklahoma laws work under the "Full Faith and Credit" statutes.

 

[Tmy]

You realize that since shes still married to the guy, HE will be declared the father of your kid once its born. His name will be on the birth certificate.

 

[Metullus]

You realize that since shes still married to the guy, HE will be declared the father of your kid once its born. His name will be on the birth certificate.

Yup. In some states the lady's ex will not only be the legal father, but will have custody rights and support obligations.

 

[Tmy]

Most states have a "waiting period" after a divorce. The divorce is not final till months after the hearing. I think its so people can undue the divorce and get back together. One last chance.

 

[peptoabysmal]

As I said, weird. That's whether it's federal or local law. Once divorce is granted, why a waiting period? And it's illegal to cohabitate???

In my neck of the forest, you can cohabitate even with a married person, as far as the law is concerned. The spouse may have problems with it, but not the law.

Hans

Where does it say it's illegal to cohabitate? It declares any marriage in the 6 month "waiting period" to be bigamy.

When these laws came into effect in several states, California among them, the idea was to give a cooling off period for divorce. You are technically married during the 6 month period and can call off the divorce at any time in that period. At the end of six months, you file your final [whatever legalese document name it is] and then you are divorced.

I'm not saying that I agree or disagree with the laws, I'm just repeating the explanation I was given by an attorney who was handling my son's divorce.

Anyway, it's not so much about the new marriage being illegal as it is about the old marriage being valid until the final filing.

 

[Kerberos]

You realize that since shes still married to the guy, HE will be declared the father of your kid once its born. His name will be on the birth certificate.

Really? Without exception? I think that the husband being the father is the default assumption in Denmark too, but surely it's different if you can prove that the kid has a different father, for exampel by DNA-testing. IF not that's seriously messed up.

 

[MRC_Hans]

Where does it say it's illegal to cohabitate? It declares any marriage in the 6 month "waiting period" to be bigamy.

Here:

In addition, it is unlawful for a party to divorce action to remarry (except to each other) or cohabit with another for six months from the date of decree.

When these laws came into effect in several states, California among them, the idea was to give a cooling off period for divorce. You are technically married during the 6 month period and can call off the divorce at any time in that period. At the end of six months, you file your final [whatever legalese document name it is] and then you are divorced.

That is what we call a separation period. So maybe I misunderstood that part.

Really? Without exception? I think that the husband being the father is the default assumption in Denmark too, but surely it's different if you can prove that the kid has a different father, for exampel by DNA-testing. IF not that's seriously messed up.

That is what they call the "pater est" rule. You don't need DNA to overrule it, but you will need to file a paternity case. If you can declare that cohabitation with the ex-husband had stopped before the time of conception, and the real (hopefully ) father accepts paternity, it ought to be an open and shut case.

Hans

 

[Ed]

Net: Get a lawyer.

 

[Ceritus]

Lol waiting for a pro bono night. I am a cheap bast@rd.

 

[casebro]

Get a local lawyer.

But i think Ceritus is confused about timing. I know I am. You said "Her Texas divorce is final Dec 15". That is usually after a 6 month wait. If the hearing was in June, everything is hunky-dory, isn't it? Doesn't that mean the 6 month wait is over? The OK rules seem to say "6 months after the hearing".

 

[Kaylee]

Any marriage contracted in Oklahoma within 6 months after a divorce decree was granted is valid unless set aside.

That seems pretty clear. Alternatively, you might hop a plane to Vegas, get hitched, and return certificate in hand.

I agree. It sounds like if you want to stay married you can, but if in the future either you or your girlfriend want a cheap divorce you'll always have an excuse to make your marriage invalid.

FWIW, it sounds like a really stupid and badly thought out law.

If you do decide to get married in OK, I would call the bureau in charge of issuing marriage licenses to see what documents you need and what questions you will be asked. Might as well eliminate any surprises.

 

[Kaylee]

Get a local lawyer.

But i think Ceritus is confused about timing. I know I am. You said "Her Texas divorce is final Dec 15". That is usually after a 6 month wait. If the hearing was in June, everything is hunky-dory, isn't it? Doesn't that mean the 6 month wait is over? The OK rules seem to say "6 months after the hearing".

Texas has a minimum 60-day waiting period per this web site:
http://www.divorcelawinfo.com/states/texas/texas.htm

See middle of web page under Timing and Jurisdiction section.