Understanding Oklahoma Common Law Marriage
When it comes to common law marriage in Oklahoma, there are often questions surrounding its validity. While Oklahoma laws states in Okla. Stat. tit. 43 § 7a, that marriages must be, “contracted by a formal ceremony,” the courts in Oklahoma have a broader perspective on common law marriage.
Common law marriage issues commonly arise when a couple decides to separate. If a common law marriage can be established through informal agreements, does that mean ending a common law marriage is just as simple? The answer is not always straightforward.
If one party claims a legal common law marriage, a counterclaim for an informal common law divorce will not be sufficient. Even if no legal claim of common law marriage has been made, complications can arise if the elements of a common law marriage are present unless a formal divorce is obtained.
Concerns about common law marriage in Oklahoma also arise in situations where one party wants to remarry or when a partner passes away. A common law spouse may accuse their partner of bigamy if they enter into another marriage without formally dissolving the common law marriage. Furthermore, a subsequent marriage could be invalidated if a prior common law marriage was not properly dissolved. In probate proceedings, children or former spouses may contest the entitlement of a long-time common law spouse to a share of the estate, arguing that no marriage ceremony ever took place.
Requirements for Common Law Marriage in Oklahoma
To determine the validity of a claim of common law marriage in Oklahoma, courts consider several factors:
- Legal Capacity: Both parties must be of legal age and not already married to someone else.
- Mutual Agreement: There must be a mutual agreement to enter into a marriage.
- Intent for Permanence: The relationship must be intended to be permanent.
- Cohabitation: The couple must live together as husband and wife.
- Public Representation: The couple must represent themselves to the community as married.
The belief that common law marriage is automatically established after a certain number of years of cohabitation or merely sharing a bed is not true. Having children together also does not automatically create a marriage. Courts require some form of evidence to demonstrate that a couple has mutually agreed to an Oklahoma common law marriage.
Public declarations of the marriage, such as informing friends, family, and others, can contribute to establishing a common law marriage. However, social declarations alone may not be sufficient to convince a court of the marriage’s validity. If the couple uses the same last name, it is more likely that the common law marriage will be recognized as valid.
More substantial evidence could include documentation. Alongside public representations of a mutual permanent agreement, joint loans, shared bank accounts, shared mortgages, or shared property titles provide strong evidence of a common law marriage. Joint tax returns are also powerful evidence. Health insurance policies purchased as a married couple or joint bankruptcy can contribute to establishing a common law marriage.
Understanding Common Law Divorce in Oklahoma
While a common law marriage may begin with informal agreements shared privately and with others, ending a common law marriage through a similarly informal agreement is not valid. Relying on an informal mutual agreement to end a common law marriage can lead to complications in the future.
If a couple has filed joint tax returns, simply moving to separate residences may not be enough to protect one partner from the tax liabilities of their former common law spouse. A joint bank account, which was once a symbol of shared commitment, could become a legal liability if a partner does not formally dissolve the marriage.
A common law marriage that ends in divorce follows the same rules as any other divorce in Oklahoma, with the exception that proving the existence of a valid common law marriage can be more challenging. Divorce proceedings allow for the equitable division of marital property, settling parental roles and obligations, and providing potential spousal support or alimony. A formal divorce ensures clarity regarding your right to remarry and provides protection for your estate.
Consult with a Tulsa Common Law Marriage Attorney
Many individuals seek guidance from a Tulsa attorney when dealing with common law marriage issues in Oklahoma. Whether you are looking to dissolve a common law marriage or need to establish more solid legal footing for retirement planning, estate planning, adoption, guardianships, or immigration concerns, the experienced Tulsa family lawyers can assist you.
To schedule a low-cost consultation with an Oklahoma common law marriage attorney, please call a Tulsa family law attorney at 918-932-2777.