Can Residency Requirements Stop Me From Divorcing My Spouse Outside of Oklahoma?
Every state in America has different laws surrounding divorce. Separation and divorce laws in Muskogee, Oklahoma determine what is possible for potential divorcees. In order for a court to proceed with a divorce, the petitioner must meet the residency requirements. Divorce residency requirements are important as they differ by jurisdiction. A court’s personal jurisdiction determines if they have the power to proceed with a court case.
Oklahoma Divorce Residency Requirements
When filing for divorce in Oklahoma, only one party must be an Oklahoma state resident. If both parties move out of the state, residents may file for divorce after living in Oklahoma for six months. Okla. Stat. tit. 43 § 102. Failure to submit a divorce after six months of leaving the state may not result in Oklahoma losing jurisdiction over a divorce. When Oklahoma has personal jurisdiction over a divorce, it may also rule on aspects related to a divorce such as alimony, child support, and child custody.
In addition to staying in Oklahoma for half a year, residents must also live in a single county for one month. Once the first month of residency is over, you can then file for divorce. For residents in Muskogee, you need to live in Oklahoma for half a year, then stay in Muskogee county for 30 days to file for a divorce. If the responding party for a divorce moves out of state, the person filing for divorce may still proceed with their divorce as long they fulfill the prerequisites.
You can file for divorce in any Oklahoma county as long as you follow the state’s guidelines. A person who lives apart from their partner may also seek a divorce by filing in their significant other’s county. A resident may file for a divorce in a county they or their spouse has resided in for at least 30 days. Okla. Stat. tit. 43 § 103
Changing Divorce Location
Oklahoma courts understand that people travel across the country and move to different states. Changing which court adjudicates your divorce case is possible. Courts who believe a petitioner’s location could inconvenience the court’s proceedings may change the location upon request. A petitioner may request a change of venue after their initial divorce filing. There are a few reasons why someone would file for a change of venue.
For example, if the plaintiff lives outside of the state, or is absent from the state for a minimum of six months, that could also warrant a change of venue. A judge still has to review the change of venue application – however, their decision is may benefit either spouse. The purpose of the change of venue application is to make court proceedings easier for the parties involved.
County jurisdiction and residency requirements are sometimes difficult to understand. If you would like a more depth explanation of Muskogee’s divorce court proceedings call a Muskogee divorce attorney now to speak with a legal professional.
Low-cost Consultation with Oklahoma Divorce Attorney
Divorce is every married couple’s worst nightmare. What was once a beautiful relationship between two people, can turn sour in a matter of seconds. If you or someone you love are in need of a divorce attorney in Muskogee, call us now before your marriage issues grow out of hand.
Call us at (918) 884-777 to redeem your low-cost consultation with an Oklahoma divorce lawyer. For those needing a toll-free number, our contact information is available under the contact tab. You may also fill out a divorce question form on this website by clicking the contact form. A Muskogee attorney will get back to you as soon as possible.