Marriage is a momentous occasion that signifies the start of a new chapter in one’s life. However, circumstances may arise where the union proves untenable, leading both parties to seek a divorce. If you find yourself in the predicament of having been married in a foreign country and desiring a divorce in the state of Oklahoma, this comprehensive article aims to equip you with the essential information you need to navigate through this complex process successfully.
Residency Requirements for Filing Divorce in Oklahoma
Before initiating divorce proceedings, it is imperative to fulfill the residency requirements stipulated by Oklahoma law. According to the statutes, at least one spouse filing for divorce must have established residency in Oklahoma for a minimum of six months prior to the filing date. Additionally, it is crucial to file the divorce petition in the district court of Oklahoma where either spouse currently resides.
Validity of Foreign Marriage in Oklahoma
Oklahoma recognizes marriages performed abroad that are validly recognized in their originating countries. Regardless of any disparities between foreign and Oklahoma laws, a foreign marriage retains its validity in the state. However, bear in mind that a foreign marriage may be refused recognition if it contravenes public policy, egregiously violates Oklahoma law, or is deemed fraudulent by the court.
Grounds for Divorce in Oklahoma
Oklahoma operates under a no-fault divorce system, eliminating the necessity of presenting evidence of misconduct to attain a divorce decree. Instead, individuals seeking divorce must declare the grounds on which they base their decision. The following are the recognized grounds for divorce in Oklahoma:
- Incompatibility: When irreconcilable differences make it impossible to sustain a healthy marital relationship.
- Living separately for a minimum of one year: If both parties have independently resided apart for a continuous duration of at least one year prior to filing for divorce.
- Abandonment for one year: If one spouse has abandoned the other without reasonable cause, for a period of one year or longer.
- Adultery: When one spouse engages in extramarital affairs or infidelity, breaching the fidelity of the marriage.
- Impotence: If one spouse is unable to engage in sexual intercourse, rendering the marriage unconsummated.
- Fraudulent marriage: When one party enters the marriage through deceit or under fraudulent pretenses.
- Imprisonment of either party: If one spouse receives a felony conviction and is incarcerated for a substantial period.
- Extreme cruelty: When a spouse engages in physical, emotional, or psychological abuse, making the continuation of the marriage untenable.
- Habitual drunkenness: When one spouse struggles with chronic alcohol abuse, leading to substantial distress within the marriage.
Filing for Divorce if you Married in a Foreign Country
If your marriage took place in a foreign country, additional documentation is necessary to initiate divorce proceedings in Oklahoma. These supplementary documents include:
- Certified copy of the foreign marriage certificate: An officially authenticated copy of the marriage certificate obtained from the foreign jurisdiction.
- English versions of the foreign marriage certificate: In order to present the foreign marriage certificate accurately in court, it is essential to provide certified translations into English.
- Other documents verifying the foreign marriage: Any additional paperwork that corroborates the occurrence and validity of the foreign marriage should be included.
Conclusion
Obtaining a divorce can be an emotionally challenging and intricate process, particularly when dealing with a marriage performed in a foreign country. Fortunately, Oklahoma provides a streamlined framework to dissolve foreign marriages within its jurisdiction. Should you encounter any uncertainties or concerns, it is advisable to seek guidance from a qualified legal representative who can navigate you through the complexities of a foreign marriage divorce in Oklahoma. Remember, while the process may seem daunting, you are not alone, and there are resources available to support you through this chapter of your life.