Before exploring the requirements for common law marriage its important to look at the law itself. First thing to get is that Oklahoma does recognize common law marriages. In a common law marriage, a couple can be considered legally married without obtaining a marriage license or having a formal ceremony. However, it’s important to note that law regarding common law marriage and the requirements for common law marriage are subject to changes. This change comes from both court precedents and the states legislature. Read on for some basic rules;
Requirements For Common Law Marriage
Its important to understand that proving common law marriage isn’t just a single element and its done. The decision is based on a total of the circumstances involved in the claim. Sometimes people think its a minimum time or something like that that makes it a common law marriage. This is untrue. the requirements for a common law marriage in Oklahoma generally include the following:
- Mutual Agreement: Both parties must have the mutual intent to be in a marriage and consider themselves to be married.
- Cohabitation: The couple must live together as if they are in a formal marriage. Simply being in a romantic relationship or having occasional cohabitation may not be sufficient.
- Presenting Themselves as Married: The couple must hold themselves out to the public as being in a marriage. This could involve using the same last name, referring to each other as husband and wife, or filing joint tax returns.
It’s important to note that the requirements for common law marriage can vary by state, and laws may change. Additionally, while some states recognize common law marriages that were valid in other states, not all states do, so the legal status of a common law marriage can depend on where it is.
Some Of the Best Evidence Proving Common Law Marriage
The best evidence in support of the argument for this type of marriage is how did you file your taxes. If when you file your taxes and in those forms you tell the IRS that you are married, you are probably married in the eyes of the family court in Oklahoma. Once again its important to remember that not just one element makes you common law but, claiming each other as married on taxes is a big factor.
Some Consequences of Being Common Law Marriage
If a couple in Oklahoma meets the requirements for a common law marriage, the law will treat them the same as a formal marriage in terms of legal rights and responsibilities. Here are some consequences of common law marriage in Oklahoma:
- Legal Recognition: If the establishment of a common law marriage meets the state’s criteria, the couple’s marriage is legal. This recognition extends to various legal contexts, such as inheritance, property rights, and spousal privileges and can impact child custody.
- Property Rights: In the event of a separation or divorce, common law spouses in Oklahoma may have rights to marital property, and the principles of equitable distribution may apply.
- Spousal Support and Alimony: Common law spouses may have the right to seek spousal support or alimony in the event of a separation or divorce, depending on the circumstances.
- Inheritance: In the absence of a will, common law spouses in Oklahoma may have inheritance rights similar to those of formally married couples.
- Medical Decision-Making: Common law spouses may have the right to make medical decisions on behalf of their partner, just as formally married spouses do.
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Talk To a Common Law Marriage Attorney Near You
If you are in the middle of a separation with your partner and the question of common law marriage arises we can help. Its not always simple to know if you have a marriage by common law or not. Sometimes this kind of question involves serious litigation. It’s crucial to note that common law marriage laws and their consequences can change, and it’s advisable to consult with a legal professional or check the latest state laws for the most up-to-date information. For a Free Consultation 539.302.0303 or click here to ask our Oklahoma family attorneys a legal question