Is My Oklahoma Common Law Marriage Valid?
As experienced family law attorneys at the Wirth Law Office, we often get asked, “Is my Oklahoma common law marriage valid?” It’s a legitimate question considering the legal requirements for marriage in our state. While Oklahoma laws state that marriages should be “contracted by a formal ceremony,” our courts have a broader perspective on common law marriage.
Common law marriage concerns typically arise when a couple decides to separate. If a common law marriage can be established through informal agreements, is it just as easy to get a common law divorce? The answer is not as straightforward as you might think.
If someone asserts a plausible legal claim based on common law marriage, an informal common law divorce counterclaim won’t hold up. Even if there hasn’t been a legal claim of common law marriage, complications can arise later if the elements of a common law marriage are present unless a formal divorce is obtained.
Concerns about common law marriage in Oklahoma also come up when one party wants to remarry or when a partner passes away. A common law spouse may accuse their partner of bigamy if they enter another marriage without formally dissolving the previous common law marriage. In fact, a subsequent marriage could even be deemed invalid if a prior common law marriage was not properly dissolved. Moreover, during probate proceedings, children or former spouses may contest the entitlement of a long-time common law spouse to a share of an estate, arguing that no marriage ceremony took place.
Requirements for a Marriage to be Common Law
Now let’s delve into the requirements for a valid common law marriage in Oklahoma. Our 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 be married.
- 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 should represent themselves to the community as married.
Contrary to the old adage that assumes common law marriage automatically forms after a certain number of years of living together or sharing a bed, the reality is different. Simply having children together does not automatically validate a marriage. Our courts require evidence to establish that a couple has mutually agreed to an Oklahoma common law marriage.
If a couple has openly declared to friends, family, and others that they are husband and wife, they have a stronger case for establishing a common law marriage. However, social declarations alone may not be sufficient to convince a court of the validity of the marriage. Using the same last name can strengthen the recognition of a common law marriage.
For more convincing evidence, documentation plays a crucial role. Alongside public representations of a permanent mutual agreement, joint loans, joint bank accounts, shared mortgages, or shared property titles provide strong evidence of a common law marriage. Joint tax returns are also compelling evidence. Health insurance policies purchased as a married couple or a joint bankruptcy can further support the existence of a common law marriage.
What About Common Law Divorce
Now, let’s address the topic of common law divorce in Oklahoma. While a common law marriage may begin with informal agreements made privately and shared with friends and in business documents, ending such a marriage with a similarly casual agreement is not legally valid. Relying on an informal mutual agreement to terminate a common law marriage can lead to future problems.
For instance, if a couple has filed joint tax returns, merely moving to a different house might not be enough to protect one partner from the tax liabilities of their former common law spouse. A joint bank account that once symbolized shared commitment could become a legal liability if a partner fails to formally end the marriage.
A common law marriage ending 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. In divorce proceedings, the court allows for the equitable division of marital property, resolving any uncertainties about your right to remarry after a common law marriage.
Additionally, parental roles and obligations are settled during the divorce process. One partner may be entitled to spousal support or alimony to maintain a standard of living they enjoyed as a result of the marriage. A formal divorce also provides essential protection for your estate after you pass away.
If you find yourself in a situation involving a common law marriage it’s crucial to seek guidance from knowledgeable family law attorneys who understand the specific laws and regulations in our growing community of Pryor and Mayes County. At Wirth Law Office, we pride ourselves on being a trusted authority figure, equipped with valuable knowledge and skilled family law attorneys who can navigate the complexities of common law marriage.
Get A Free Consultation Today – Call Now
Whether you’re seeking advice because you’re considering ending a relationship or need assistance with retirement planning, estate planning, adoption, guardianships, or immigration concerns related to common law marriage in Oklahoma, our Pryor family lawyers at Wirth Law Office are here to help you. We understand that every situation is unique, and we will provide you with personalized attention and tailored legal solutions.
To address your concerns and explore your legal options, we offer a free consultation with an experienced Oklahoma common law marriage attorney. We invite you to contact Wirth Law Office in Pryor at 918-932-2862 to schedule your consultation today. Don’t delay, as time is of the essence when it comes to protecting your rights and resolving any legal matters related to common law marriage.
Remember, common law marriage in Oklahoma can be a complex and delicate matter. Having a skilled Pryor attorney by your side can make a significant difference in achieving a favorable outcome. Trust the Wirth Law Office to be your reliable legal partner, providing comprehensive guidance and advocacy throughout the process.
Call us today at 918-932-2862 to book your free consultation and take the first step towards resolving your common law marriage concerns. We are here to listen, support, and provide you with the expert legal representation you need.