After 5 weeks of our marriage, I learned that my wife is pregnant by another man.

Full question:

I am married and I live in Oklahoma. After 5 weeks of our marriage, I learned that my wife is pregnant by another man. She is 3 months pregnant now. Can I file for divorce?

• Category: Divorce
• Subcategory: Grounds
• Date: 04/07/2025
• State: Oklahoma

Answer:

In Oklahoma, a petition for divorce can be filed if wife at the time of marriage was pregnant by another than her husband. Thus, you may file a petition for divorce in the district court in the county where the both resided for at least 30 consecutive days. The provision regarding the venue of action for divorce is provided in 43 Okl. St. § 103 and grounds for divorce is provided in43 Okl. St. § 101. 43 Okl. St. § 103 read as follows:
 

“An action for divorce or annulment of a marriage may be filed in the county in which the petitioner has been a resident for the thirty (30) days immediately preceding the filing of the petition or in the county in which the respondent is a resident; provided, the action may be assigned for trial in any county within the judicial district by the chief judge of the district; 
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43 Okl. St. § 101 regarding the grouds of divorce in in its pertinent part provides as follows:
 

“The district court may grant a divorce for any of the following causes:

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     Fourth. When the wife at the time of her marriage was pregnant by another than her husband.

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