Divorce Equality For All

When the Supreme Court of the United States released the ruling in Obergefell v. Hodges on June 26, 2015, same sex couples across the country lined up to get married. But, this decision also has other important implications for couples who wish to divorce.

Imagine this scenario: Jane and Paula were married in Massachusetts in 2011. In 2012, they moved to the State of Oklahoma where same sex marriages were not recognized at the time. Thereafter, the couple experienced marital difficulties and decided it would be best to divorce. They had a legal limbo problem on their hands. Oklahoma did not recognize their marriage as valid so it was not possible to divorce in Oklahoma. They did not meet the residency requirements for a divorce in another state that did recognize same sex marriage. They were stuck.

Now that the Obergefell decision has legalized same sex marriage nation-wide and requires states to recognize marriages performed in other states, Paula and Jane have the ability to divorce in the State of Oklahoma. In Oklahoma, there is a six month residency requirement to file for divorce. This means that at least one of the parties must have been an actual resident of the State of Oklahoma for at least six months prior to the case being filed. 

If you or someone you know are in a situation similar to Paula and Jane or would like to discuss an Oklahoma divorce with a Stillwater attorney, please contact us at 405.338.1118 or info@pearsonlawok.com to set up a consultation today.