I live in Oklahoma and my husband plans on filing for divorce and I have been told that you have to be legally separated for 6 months before filing. Is this true? I do know however you have to be divorced 6 months to get remarried to another person.

I may be reading wrong but it does not seem so. It says you must have been living together for at least 6 months before the divorce but nothing about a limit on how long your separation must be.

Oklahoma Divorce Source: State Divorce Laws: Oklahoma

I can find no law that states either of the things you say. One of you must be a resident of OK for at least 6 months before filing, but that is a jurisdictional issue, not a law of divorce.

Where did you read that you have to be divorced for 6 months before you can remarry?

I just read through most of Title 43 and could not find anything about waiting periods before remarrying. I did find a few references on the web, but not on any site I consider "gospel"

OKLAHOMA STATUTES

I agree. From what I found OK does not have any separation rules before filing for divorce. They do require you be a legal resident in which you have to have lived in OK for 6 months prior to filing.

In general tems. Most states allow you to file for divorce anytime. But the actual process varies from state to state. Many have a 6 month separation period for the divorce to be in a final stage. I think this might be where your getting confused. The first part of filing usually involves separation and that way both parties can operate in an independent fashion as well as maintain certain obligations from the marriage.

REMARRIAGE AFTER DIVORCE:

It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state. [Based on Oklahoma Statutes; Title 43, Section 123]

Actually if you read the entire Title 43, Section 123 you will see it is actually a 30 day time from the date of the final discharge of the divorce

It shall be
Unlawful for either party to such cause to marry any other person and
Cohabit with such person in this state until the expiration of thirty
(30) days from the date on which final judgment shall be rendered
Pursuant to such appeal


Of course that same statue also makes it illegal for the other party just to live with another person during that time
*** so obviously it is a law that is not enforced


(6) months from date of decree of
Divorce granted in this state, or to cohabit with such other person in
This state during said period if the marriage took place in another
State; and if an appeal be commenced from said decree

Quote:

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Originally Posted by mommytozach

REMARRIAGE AFTER DIVORCE:

It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state. [Based on Oklahoma Statutes; Title 43, Section 123]

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This is what I found also, but was unable to verify it in the actual Title 43. The language is ambiguous.

SIlly law anyway since you can just drive to Texas and get married the same day.