Full question:
I live in Oklahoma. I married 5 weeks ago and after marriage I learned that my wife was three months pregnant with another man’s child. Can I file for divorce?
- Category: Divorce
- Subcategory: Grounds
- Date:
- 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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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
