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TKH329 · May 21, 2014, 08:38 AM

Here is my messed up situation ----

I discovered my STBX of 17 years was having an affair in February, 2013. He moved out immediately (directly into her home) and our divorce was filed in July, 2013. It a been a grueling process but I anticipate our divorce will be finalized within the next couple of months.

We have both moved on. He is now engaged a I have met someone as well and a engaged. My fiancé moved into my home in November. I have a trip planned in September and we have discussed the possibility of marrying while in Louisiana. The issue arises that where we live, Oklahoma, has a 6 month waiting period after a divorce before remarrying. There is case law that upholds a marriage performed in another state but I would love some input. Oklahoma law also states that it is illegal to cohabitate with someone prior to the 6 month period. We already live together. And who would raise this issue? My lying, cheating ex who is doing the same?

AK lawyer · May 21, 2014, 10:10 AM

The issue is whether Louisiana requires you to reside there (and for any set period) prior to getting married there. I don't know the answer to that one.

If Oklahoma has a law against cohabitation (if so, one would suppose that it also prohibits roommates, which is absurd), I strongly doubt that it is enforced. In any event, so what? It is not going to make any difference in terms of your almost-concluded divorce.

aliseaodo · May 21, 2014, 10:37 AM

I just read something that said the cohabitation thing was illegal if you had gotten married in another state and then moved back to Oklahoma to live within that 6 month waiting period...
Section 43-123 of the Oklahoma Statutes provides as follows:
"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, or to cohabit with such other person in this state during said period if the marriage took place in another state." (emphasis added).

( **you know I'm no lawyer, just read it on this site, where someone had the same kind of question... **)cohabitation - Marriage & Divorce - FindLaw Answers

AK lawyer · May 21, 2014, 11:36 AM

Originally Posted by aliseaodo

I just read something that said ...
"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, or to cohabit with such other person in this state during said period if the marriage took place in another state." (emphasis added).
...

That appears to be one of those crazy laws that come to light from time to time.

Read carefully, the statute seems to indicate that it is unlawful for either former spouse (within six months of an Oklahoma divorce) to live with anyone (man, woman, or child), other than the divorced spouse. Perhaps not what the Oklahoma legislature meant, but that is what it says.

ScottGem · May 21, 2014, 11:46 AM

As you have surmised, the only person who will really care about this is your ex or someone else out cause you grief. I really doubt if any OK prosecutor would pursue prosecution on this law.

TKH329 · May 23, 2014, 07:03 AM

I cannot be married in the State of Oklahoma for six months after my divorce according to state law. However, Oklahoma must recognize a marriage performed according to laws in another state. Therefore, if I do marry in another state, it becomes illegal for me to live with my new spouse in Oklahoma. It is really pretty ridiculous. But after further research, it is one of those laws that remain on the books but is not prosecuted. It is still up in the air for me what we will do but if we do decide to marry, I really don't think much of an issue will arise from it.

smoothy · May 23, 2014, 07:09 AM

In the grand scheme of life... 6 months really isn't that long to wait, then problem solved. I've gone longer than that without polishing my dress shoes.

ScottGem · May 23, 2014, 07:13 AM

OK probably won't issue a license because of the law, but it likely won't prosecute the cohabitation law.

AK lawyer · May 23, 2014, 07:49 AM

Originally Posted by ScottGem

OK probably won't issue a license because of the law, but ...

Unless some judge jumps on the bandwagon and decides that he or she doesn't like, and wants to change, one or more parts the marriage statutes. :(

ScottGem · May 23, 2014, 08:09 AM

Originally Posted by AK lawyer

Unless some judge jumps on the bandwagon and decides that he or she doesn't like, and wants to change, one or more parts the marriage statutes. :(

I'm imagining a scenario like this: They go to the county clerk and apply for a marriage license. The clerk determines that a divorce was entered into less than 6 months earlier and refuses to issue the license.

TKH329 · May 23, 2014, 08:33 AM

If we decide to get married before the 6 months, it will be in Louisiana. There is no waiting period after a divorce in Louisiana. Getting the marriage license and being married is not the issue. I was more concerned with the consequences after returning home to Oklahoma. From everything I have been able to track down, although it is a state law that we could not live together, attorneys seem unwilling to prosecute because of the question of does it violate my constitutional rights to live with who I choose. It doesn't make sense to me that the state has to recognize my new marriage but it is unlawful for me to live with my husband.