How to File for Annulment in Oklahoma

By Carrie Ferland

An annulment is a legal way of ending a marriage, similar to a divorce. Unlike a divorce, however, an annulment retroactively applies to the beginning of the marriage; this means that in the eyes of the legal system, the marriage never occurred in the first place. There are certain considerations and qualifications that you must meet to file for annulment in Oklahoma.

Meet the grounds to file for annulment in Oklahoma. According to the state's requirements, grounds for annulment include the fact that you or your spouse was too young to be capable of legally entering into the contract of marriage. If you were under 18 on the day you swapped vows, you can file for annulment in Oklahoma.

Another reason to file for annulment in Oklahoma is that either you or your spouse lacked the mental capacity to understand the contract you were entering in to. This includes individuals who were mentally incapacitated; insane; or under the influence of alcohol, drugs, or mind-altering prescription medication at the time of the wedding.

Compile documents and personal information. To file for annulment in Oklahoma, you must provide: your and your spouse's full, legal name, address and phone number; the full names, addresses, dates of birth, level of education and current school of your children; your financial information, including your income from all sources, expenses and liabilities; information regarding any prenuptial agreement, previous separations you and your spouse have previously been through, and any previous marriages.

You also must provide your marriage license, bank account information, pay stubs or statements from any benefits you receive, your most recent tax return, and a detailed list of you and your spouse's asset and current expenses and liabilities.

Draft and file an annulment petition, which should lay forth the facts of the marriage and the reasons you are seeking annulment. Contact the clerk of the court for your county's district court for a copy of the form.

Complete the petition fully. Include your full name, address, personal information and the same for your spouse. List the grounds for your annulment and explain why you are seeking one. Attach copies of any documents that the form asks for.

File at your district courthouse and pay the filing fee. A hearing date will then be set, which you will receive either at the time of filing or by mail.

Attend your hearing. You and your spouse must attend, unless you provide an entry of appearance, which means you have hired an attorney to appear on your behalf. If you cannot attend, contact the clerk immediately and ask it to be rescheduled.

At the hearing, the judge will allow both you and your spouse to talk, ask you questions and request documents to aid in ruling. The judge will then decide whether to grant the annulment. If granted, an annulment decree will be signed and entered, and the marriage will become void immediately and retroactively. If denied, you may appeal or choose to seek a divorce.

About the Author

Carrie Ferland is a practicing civil litigation defense attorney in the Philadelphia Area. As an author, her work has been featured in various legal publications for over 10 years. Ferland is a 2000 graduate of Pennsylvania State University and completed her Juris Doctorate and Master of Business Administration with the Dickinson School of Law. She is currently pursuing a Doctor of Philosophy in English.

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