What is Common Law Marriage in Oklahoma?
Oklahoma recognizes common law marriage, but not in the way you might think. There isn’t a specific law that defines it; instead, it exists because of court decisions throughout history. Unlike a traditional marriage with a ceremony and license, a common law marriage in Oklahoma is established through how a couple behaves and what they intend.
This article will explore the criteria for establishing a common law marriage in Oklahoma, the rights and responsibilities that come with it, how to prove it exists, and what happens if the relationship ends. We’ll also touch on where to find legal help.
This information is for anyone who is in or considering a common law marriage in Oklahoma, facing a separation, or is a legal professional seeking more information on this topic.
What Constitutes a Common Law Marriage in Oklahoma?
For a marriage to be considered valid under common law in Oklahoma, certain elements must be in place.
Essential Elements
First, there must be a mutual agreement between the parties to be married. This agreement can’t be a promise to marry at some point in the future; instead, it must be an explicit agreement to be married right now. It must also be clear and demonstrable through actions or words.
Second, the couple must intend to create a marriage that is exclusive and permanent — the same as a formal marriage, signifying a commitment to each other for life.
Cohabitation and Public Representation
In addition to the essential elements, the couple must live together as husband and wife. Just living together for a long period of time isn’t enough to prove a common-law marriage exists, though.
Finally, the couple must present themselves as a married couple to the world. For example, they might use the same last name, introduce each other as their spouse, and participate in social activities as a couple.
How to prove a common law marriage
If you’re trying to prove that you and your partner have a common law marriage, the responsibility falls on you. This usually becomes relevant in divorce or inheritance cases.
So, what kind of evidence can you use?
- Agreements: Any written or spoken agreements where you and your partner stated you were married.
- Affidavits: Signed statements from people in your life who know you and can say that you presented yourselves as a married couple.
- Joint Finances: Proof that you share bank accounts, property, or insurance policies.
- Legal Documents: Paperwork where you identified as a married couple, like tax returns or healthcare documents.
- Community Recognition: Social media posts or invitations that show you were publicly regarded as married.
It’s important to keep good records, and it’s a good idea to talk to a lawyer who can help you gather and present this evidence.
What are your rights and responsibilities in an Oklahoma common law marriage?
Once the state recognizes your common law marriage, you have the same rights and responsibilities as any other married couple. These rights have to do with property, inheritance, and spousal support.
If you and your partner decide to end your relationship, you’ll have to file for a formal divorce in Oklahoma District Court.
The divorce process is similar to what it would be for a traditional marriage. That means the courts will divide your property and consider whether one partner should receive alimony.
Because the laws are complex and the process can be confusing, it’s always a good idea to seek advice from a qualified attorney.
Common Law Marriage and Same-Sex Partnerships in Oklahoma
The legal landscape around common law marriage for same-sex couples in Oklahoma has changed since the Supreme Court’s Obergefell v. Hodges decision, which legalized same-sex marriage across the country.
Now, same-sex couples can pursue common law marriage claims in Oklahoma.
However, there are still a few challenges. For example, couples who lived as though married before the Obergefell decision may have a hard time proving they presented themselves to the public as a married couple, given the legal restrictions at the time.
If you’re considering a common law marriage claim, documenting your intent to be married and how you presented yourselves as spouses is especially important.
The legal interpretation of same-sex common law marriage is still developing, so it’s a good idea to talk to an attorney experienced in LGBTQ+ family law.
Ending a Common Law Marriage in Oklahoma
If you’re in a common law marriage and want to end it, you have to file for divorce in Oklahoma District Court. Just like with a traditional marriage, you’ll need to address property division and spousal support.
Oklahoma is an equitable division state, which means assets you acquired during the marriage will be divided fairly – though not always equally. The courts will consider a range of factors to make sure the division is just.
Alimony, or spousal support, might also be awarded. The court will look at things like how long you were married, each person’s ability to earn money, and what each person contributed to the marriage. The goal of alimony is to help the spouse who is in a worse financial position become able to support themselves.
Closing Thoughts
In Oklahoma, a common-law marriage is valid if you and your partner mutually agree to be married, live together, present yourselves to the public as a married couple, and intend to be married. To prove a common-law marriage, you’ll need to provide evidence of these elements in court.
Because common-law marriage can be complicated, it’s always a good idea to seek legal counsel. An attorney can advise you on how to establish or dissolve a common-law marriage and protect your rights.
If you’re thinking about entering into or ending a common-law marriage in Oklahoma, understanding the legal requirements and seeking professional legal assistance are important steps to take.