The regulation of marriage is largely a state issue, although the overturning of state same-sex marriage restrictions by federal courts shows the U.S. government's interest in equal protection under the Constitution. State marriage laws determine age limits for getting married without parental consent, and exceptions; marriages that are expressly prohibited under law; the grounds for annulment; and other aspects of the family unit. Annulment is a court order that essentially renders the marriage null and void, as if it never existed (which is different than divorce).
Overview of Oklahoma Annulment and Prohibited Marriage Laws
As in most other states, Oklahoma allows married people to file for annulment under certain grounds, including a lack of consent (due to age or capacity), and if the marriage was the result of fraud. And although Oklahoma statute currently states that "Recognition of marriage between persons of the same gender [is] prohibited," that restriction was overturned by the Tenth Circuit U.S. Court of Appeals in early 2014. The U.S. Supreme Court ratified this ruling when they subsequently found in 2015's Obergefell v. Hodges decision that state bans on same-sex marriage were unconstitutional.
The following chart lists additional details on Oklahoma laws regarding annulment and prohibited marriage. See FindLaw's Marriage Law section to learn more.
|Code Sections||Tit. 43 §§2,3, 128, 3.1|
|Grounds for Annulment||Incapable of contracting due to lack of age or understanding; cohabitation after incapacity ceases is defense; either party was induced to marry as a result of fraud|
|Time Limits for Obtaining Annulment||-|
|Legitimacy of Children||Issue of annulled marriage are legitimate|
|Prohibited Marriages||Between ancestor and descendant, stepparent and stepchild, uncle and niece, aunt and nephew, brother and sister, first cousins (but will recognize marriage of first cousins married in state where it is legal); under the age of 18, unless given parent's or legal guardian's consent; under the age of 16, unless (1) in settlement of suit for paternity, or (2) in the case of childbirth or pregnancy|
Note: State laws are always subject to change from various actions, including federal and state higher court decisions and the passage of new statutes. You may wish to contact an Oklahoma family law attorney or conduct your own legal research to verify the state law(s) you are researching.
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Oklahoma Annulment and Prohibited Marriage Laws: Related Resources
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