Common Law Marriage is Legal in Oklahoma
We have all heard the term “common law marriage.” And many of us carry a preconceived notion of what that means and how it occurs. We think that if you live together long enough, that is enough. But is that true under the law? And if just living together is not enough to form a legal common law union, then what factors are enough, and how can you tell if you have entered a common law marriage? You may need the help of a Tulsa common law marriage attorney to address your questions and concerns.
Common law marriage is legal in Oklahoma. And once entered into, it is as binding a marriage as one with a license and ceremony. That means that if you have entered into a common law marriage, you will need to obtain a formal divorce if you and your partner want to split up.
In fact, the question of the existence of a common law marriage most often occurs when a long-term couple want to split up, or when one of the partners dies and the other partner or a child from that union wants to assert inheritance rights.
Here is a typical scenario: A young couple start living together. Over the years, a number of situations can arise that enmesh a couple’s finances, lives, property and the like. Decisions are made regarding all of these over the course of the relationship. They hold themselves out as a couple, maybe open a joint checking account to pay the bills, have a child, maybe buy some property together.
As time goes on, the couple, like many, begins to drift apart. They reach a mutual decision to go their separate ways. So are they married or just cohabitating? Well, in Oklahoma, the answer depends on the circumstances. And this is why you may need the help of a Tulsa common law marriage attorney to sort out the facts and to determine what your options are.
These are extremely fact-bound cases. Just living together, even for years, is not enough to form a common law marriage under Oklahoma law. You might be surprised to learn that courts look to a number of different factors in making this determination. No single factor will do it, but a combination of factors might convince a judge that you and your partner are, in fact, married in the eyes of the law.
Factors Oklahoma Courts Look To
Keeping in mind that marriage is a binding contract, courts look to a number of factors to determine if a common law marriage exists. Many of these factors relate to how a couple evidences their intent and how they have held themselves out to the community over time. Some of these factors include:
- Legal capacity to be married. You must understand the nature of the contract and be of an age to execute your intent.
- Mutual intent to be married. This goes right to the heart of the contractual issue. Both parties must intend for this relationship to be a marriage.
- Did they intend for the relationship to be permanent, or just a passing thing?
- Did they live together as domestic partners? This pertains to both living together and living together as married couples would.
- Did they hold themselves out to the community as married?
Courts will look to the facts of your relationship in total to see how they evidence the factors listed above. Every relationship is different, with differing facts. Your Tulsa common law marriage attorney can help you understand how the facts of your relationship fit into a claim for or against the presence of a common law marriage, and can help you prepare your case for court.
If the issue is being raised by one of both of the partners, you will most likely need an adjudication by a judge to settle the issue before you and your partner can both move on safely.
If a couple refer to themselves as spouses before friends and family, used the same last name, held joint property in those names, or filed joint tax returns, a judge might be inclined to find sufficient evidence of the intent to be married to find that a common law union exists
Common Law Marriages Require Formal Divorce Proceedings
A judge’s decision that a common law marriage exists means that if you and your partner want to end the relationship and move on, you will need a formal divorce decree to separate assets and liabilities, establish custody and visitation, or obtain spousal support. You will also need a formal divorce decree before you can remarry. Otherwise, you may be found guilty of bigamy if you remarry.
Formal divorce proceedings can be contentious and emotions can run high. If you are looking at divorce, you must have an experienced Tulsa common law marriage attorney at your side. The financial decisions that you make now in the division of assets and liabilities will affect you for years to come. You need objective and clear advice during a time of emotional and financial upheaval.
Initial Consultation With a Tulsa Common Law Marriage Attorney
These cases are complicated. Get the help you need today. Bring your questions and concerns and let’s work together.
Call the Divorce of Tulsa Law Office today for a initial consultation at (918) 924-5526.