What are the residency requirements for divorce?
In Oklahoma, the residency requirements for divorce depend upon the particular circumstances of the marriage. Generally speaking, either spouse must be a resident of Oklahoma for at least six months before filing a divorce petition in the state. Additionally, either spouse must have been a resident of the county in which they intend to file the petition for at least 30 days. If the petitioner does not satisfy the residency requirements, the court can still grant a divorce, but the specific rules and procedures differ somewhat. In particular, the non-resident spouse will typically have to show a compelling reason why the divorce cannot or should not be brought in another jurisdiction. On rare occasions, the court may even require the non-resident spouse to relocate to Oklahoma in order to fulfill the residency requirement. It should be noted that there are some exceptions to the residency requirements. For instance, if the parties both agree to an out-of-state divorce and the divorce is granted outside of Oklahoma, it may be recognized in Oklahoma. Similarly, military members may benefit from special residency requirements if they are in the military and stationed outside of Oklahoma. Before filing for divorce in Oklahoma, it is important to verify that you meet the residency requirements as they may vary from jurisdiction to jurisdiction. It is also important to seek the advice of an experienced family law attorney who can help you understand your particular situation and the applicable laws.
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