Oklahoma Common Law Marriage and Divorce can be a complex question faced by many couples in Tulsa. Oklahoma is a state that recognizes common law marriage. You may be wondering why it is important to know if you are in a common law marriage or not. Well, if you are in one then you must legally file for a divorce through the courts if you are separating. This is because no such thing as common law divorce in Tulsa exists. When it come to the common law marriage and divorce, you need to know how to protect yourself.
What Makes a Common Law Marriage?
There are three main elements to an Oklahoma common law marriage. If you can fulfill each one of these elements you are likely in a common law marriage:
First, you and your partner must have the reputation of spouses in the community. Just being a couple for many years is usually not enough to completely fulfill this element. However, if people in the community do not know if you are in a marriage or not, then you will likely have “the reputation of spouses”.
Second, you and your partner live together or cohabitate. This means you live not only in the same home, but you also share bills, and household chores. Other evidence of cohabitation and functioning as a marriage home include: joint bank accounts, children, and listing each other on life and medical benefits.
The final element is whether or not you and your partner make statements to each other about your intentions to marry. As a result, the existence of a promise ring or engagement ring, having a tentative wedding date on the calendar, and even statements made to other can all prove this.
Oklahoma Common Law Marriage and Divorce Rights
Assuming you are in a common law marriage, what does that mean for you in a divorce? It is important to note here that if you are in a common law marriage you are officially in a legal marriage under the eyes of the law. To separate from you partner legally requires you to go through the courts and obtain an official divorce.
Just like marriage with a license and ceremony, common law marriage follows the same rules of divorce. If you or your partner made significant sacrifices to the marriage or household in the form of taking on a lesser career or becoming a homemaker, then alimony is at stake. Further, property division will occur under the equitable distribution doctrine. This means that it will distribute in the fairest manner, which is not necessarily a 50/50 split.
Oklahoma Child Support Questions? SEE OUR ARTICLE HERE.
If children exist from the marriage, then child support will be another issue. Children by law are entitled to child support even if you or your ex-partner does not need the extra income. The money is for the child. Common law marriages ending in divorce will require that some sort of child support arrangement exist.
Tulsa Common Law and Divorce Help
If you are facing legal questions and concerns about Oklahoma common law marriage and divorce, call our Tulsa common law marriage attorneys. Our family law firm has years of experience working in family law, child custody and divorce. We offer our clients the legal advantage that they’re entitled to. Call today in Tulsa 539.302.0303 .
- Child Relocation Laws in Oklahoma Custody
- Child Abuse Charges During Divorce in Tulsa
- Family Lawyers in Tulsa Discuss Threats by Phone During Divorce
- Protective Orders in Divorce
- Oklahoma Common Law Marriage and Divorce
- Dividing Debts in Tulsa Divorce
- Paternity Testing Discussed by Tulsa Family Lawyers
- Tulsa Lawyers Discuss Genetic Testing in Paternity
- Tulsa lawyers Discuss Guardianship by Power of Attorney
- Relocating Out of State With Children After Tulsa Divorce
- Oklahoma Same Sex Step Parent Adoptions
- Explanation of Protective Orders
- Family Emergency Custody in Oklahoma
- Marital and Separate Property in Divorce
- Oklahoma Alimony Information
- Some Facts about Divorce in Tulsa
- Mediation in Tulsa Divorce and Family Law
- Explanation of Temporary Injunction
- Alimony and Tulsa Divorce
- How To Change Your Childs Name in Tulsa
- Where Do I File Divorce Tulsa Oklahoma?
- Tulsa High Conflict Divorce Attorneys
- Grandparents Rights in Family Law
- Who Gets Your Inheritance in a Tulsa Divorce?
- Relocating With Your Child After Divorce
- Oklahoma Child Support How Much You Pay
- Prenuptial Agreements
- Step-Parent Adoption
- Temporary Guardianship Through Power of Attorney
- Same Sex Child Custody
- Uncontested Divorce
- How Long it Takes For a Tulsa Divorce
- Tulsa Divorce and Child Support
- Divorce and Child Custody
- Oklahoma Same Sex Divorce
- Family Lawyers Discuss Divorce and Paternity
- Child Support Attorneys in Tulsa
- Mediation and Tulsa Divorce
- Child Custody and Child Preference
- Where Do I File Divorce in Tulsa
- Family Attorney Discusses Divorce Process in Tulsa
- New Divorce Requirements for Oklahomans
- Tulsa Child Custody Attorneys