Common law marriage is a marriage recognized by the state, even if the couple never went through a formal ceremony or obtained a marriage license. These marriages are granted the same rights and responsibilities as formally recognized marriages.
Oklahoma is one of a handful of states that still recognizes common law marriage, so long as the couple meets certain requirements established by court decisions over the years.
It’s important to understand what those requirements are, and how you would go about proving a common law marriage exists in Oklahoma. This article will cover the basics, including the requirements for establishing a common law marriage, how to prove one exists, the rights you have as a common law spouse, and how a common law marriage can be dissolved.
Understanding Common Law Marriage in Oklahoma
Oklahoma recognizes common law marriage, but it’s not as simple as just living together. Here’s what you need to know.
Definition and legal basis
In Oklahoma, common law marriage isn’t created by a formal ceremony. It’s recognized through the way a couple behaves and what they intend. There’s no specific law about common law marriage in Oklahoma; it’s based on the decisions of judges over time.
Formal marriage requires a license and a ceremony, but common law marriage is about meeting certain criteria and showing that you intend to be married.
Key Elements for Establishing a Common Law Marriage
To be considered a common law marriage in Oklahoma, a couple must meet these conditions:
- Mutual agreement to be married. Both partners must currently agree to be husband and wife. It’s not about what they might do in the future.
- Exclusive and permanent relationship. The relationship has to be exclusive, meaning both people are committed only to each other. It also has to be intended as permanent, not something temporary.
- Cohabitation. The couple must live together as husband and wife.
- Publicly representing themselves as married. They need to present themselves to the community as a married couple.
Proving a Common Law Marriage in Oklahoma
If you believe you’re in a common law marriage and need to prove it, you’ll have to present “clear and convincing evidence” to a court, which is a higher standard than “preponderance of the evidence.” The burden of proof falls on you, the person claiming the marriage exists.
So, what kind of evidence would you need?
- Written agreements. A signed statement that you and your partner intend to be married is a great way to strengthen your case, though it’s not required.
- Affidavits. Testimony from people who know you and your partner can help. Friends, family, and neighbors can attest to what they’ve seen and heard about your relationship.
- Joint financial accounts and property. Evidence of shared finances, like bank accounts, credit cards, mortgages, and property deeds, can support your claim.
- Public records. Tax returns, insurance policies, and beneficiary designations can show how you and your partner presented yourselves to the world.
- Public acknowledgment. How you and your partner are known in your community matters. If you’re generally regarded as a married couple, that can help your case.
Challenges in Proving a Marriage
Even with all this evidence, proving a common law marriage can be tough. It can be tricky to demonstrate intent and public representation, and any inconsistencies in your behavior could weaken your case. The stronger and more consistent your evidence, the better your chances of success.
Rights and Responsibilities in a Common Law Marriage
A valid common law marriage in Oklahoma carries the same rights and responsibilities as a formal marriage. This can be a good thing or a bad thing, depending on your situation.
Here are some of the rights and responsibilities you’ll share:
- Inheritance rights: If one spouse dies without a will, the other has the right to inherit property.
- Property division: If you divorce, you’ll have to split your marital assets in an equitable manner. This doesn’t necessarily mean a 50/50 split, but it must be fair.
- Spousal support: You might be eligible to receive alimony payments if you divorce.
- Healthcare benefits: You have the right to be covered under your spouse’s health insurance policy.
- Medical decisions: You can make medical decisions for your spouse if they become incapacitated.
Because common law marriages carry the same weight as formal marriages, it’s important to understand what you’re getting into before you accidentally create one.
Ending an Oklahoma Common Law Marriage
An Oklahoma common law marriage isn’t just something you walk away from. You have to formally dissolve it through a divorce proceeding in Oklahoma District Court.
The process is similar to a traditional divorce. You’ll need to file a petition for divorce and serve your spouse. The court will then divide your property and debts. If you have children, the court will also make arrangements for child custody and support. Spousal support might be awarded, too.
Ending a common law marriage can be complex. One of the biggest hurdles is proving the marriage existed in the first place. You might also disagree about when the marriage began, which can affect how the court divides your assets.
Common Law Marriage and Same-Sex Partnerships in Oklahoma
Oklahoma law permits same-sex couples to enter into a common law marriage, just like opposite-sex couples. This right was solidified by the Supreme Court’s decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide.
However, same-sex couples who believe they entered into a common law marriage before the Obergefell decision may face some legal challenges. Oklahoma courts may require additional evidence to prove the couple intended to be married and held themselves out as such to the community.
Ultimately, the requirements for establishing a common law marriage are the same for same-sex couples as they are for heterosexual couples: mutual agreement, cohabitation, and a public declaration of marriage.
What rights do cohabitating couples have in Oklahoma?
If you live with someone in Oklahoma, but you don’t have a common law marriage, your legal rights are limited.
If you have children together, you both have rights and responsibilities related to paternity, child support, custody, and visitation.
You may also have some limited rights related to property you acquired together. If you break up, you might be able to make claims based on contract law or equity, but these cases are complex and fact-dependent.
Final Thoughts
Oklahoma recognizes common law marriage, but meeting the specific criteria and proving its existence can be challenging. If you believe you’re in a common law marriage, or if you’re unsure about your rights and responsibilities, it’s essential to seek advice from an experienced family law attorney.
Remember, to be considered a common law marriage in Oklahoma, you and your partner must intend to be married, hold yourselves out to the public as a married couple, and live together as husband and wife. Proving this marriage is crucial. If the relationship ends, dissolving a common law marriage requires the same legal process as a formal marriage.