What Happens If I Remarry Right After Divorce in Oklahoma?
Every divorce lawyer in Oklahoma includes the same provision in every decree. That provision states that the parties are prohibited from remarriage within six months. But is it really that a big deal to ignore this and remarry anyway? Well, only if you think possible felony charges are not a big d
What Does the Law Say?Oklahoma laws state that if you remarry in Oklahoma within six months of the divorce you have committed the felony of bigamy. Some think they can game the system by slipping off to another state to get married. Not such a good idea. If you go to another state to marry, but then return to Oklahoma to cohabitate, you have committed the felony of adultery. This law can be found in 43 O.S. § 123. Both of these crimes can carry a sentence of up to five years in prison.
NOTE: None of this applies if you remarry the same person you just divorced. That can be done at any time.
Aside From Being A Crime, What’s The Harm?Whenever I am asked about remarriage my answer is always the same: Follow the court order. It’s that simple. No need to make it harder than it needs to be. Remarriage immediately after a divorce is just not a good idea. If your new found love is meant to be, it will still be there in six months.
Often a quick subsequent marriage is the result of an affair that started during the marriage. According to WebMD, only five to seven percent of affairs lead to marriage. However, around seventy-five percent of those marriages that started as affairs end in divorce. Pretty grim statistics and the courthouse does not offer frequent flyer discounts.
As a practical matter, if the state actually enforced adultery laws we would probably need several courthouses in ever county. There are just not the resources, or frankly the interest, to prosecute this type of case. In fact, I don’t think I have ever seen an adultery case prosecuted. But that’s not to say that it can’t happen.