How Common Law Marriage Oklahoma Works
Oklahoma recognizes common law marriages. Concerns about common law marriage Oklahoma also arise when one party wants to remarry, or a partner dies. A common law partner could allege bigamy when a partner enters another marriage without formalizing a divorce lawyer. A subsequent marriage could be invalidated when a former common law marriage Oklahoma is not properly dissolved. Children or former spouses may argue in probate proceedings that a long time common law partner isn't eligible for a share of an estate because there wasn't a marriage service.
Oklahoma common law marriage
- Traditional Versus Common Law Marriage
In Oklahoma, conventional marriages are established by following statutory (legal) procedures. Couples must get a marriage license and hold a formal ceremony performed by a judge, preacher, minister, priest, rabbi, or other authorized dignitary. The service serves to solemnize the marriage and marks the couples' mutual intent to be married. These are commonly called ceremonial marriages, and couples using these processes are considered legally wed.
Oklahoma is one of a handful of countries that still recognize non-ceremonial marriages, also known as"common-law marriages." These unions are formed via the permission of the parties that enter into the marriage, but they do not fulfill all the state requirements, like a license or ceremony.
- Establishing a Common Law Marriage
The fact is it's difficult to prove the existence of a common law marriage Oklahoma. Cohabitation, employing the same last name, combining financing, leaping over broomsticks at a celebration, and other actions you could assume help to confirm a common-law marriage are only portions of a much bigger puzzle. By themselves, they mean nothing.
The question of whether or not a common law marriage Oklahoma was created typically comes up if a couple decides to divorce. Common-law spouses who wish to end their relationship must use the courts to get divorced, just like people who meet the requirements of a traditional or heterosexual union. So, if divorcing common-law spouses can't agree on alimony or the division of property, they will likely end up in court requesting a Judge to pick. 1 spouse may deny the common-law union in order to prevent the division of assets or alimony.
This issue also comes up when a common-law spouse goes away, along with the living common-law spouse stands to inherit the land. Whether there are children from a former marriage or relationship, then they might go to court and argue the common-law marriage never existed.
Just how can a court decide? Oklahoma courts rely upon a well-established test which includes the following components:
Both parties into the alleged common-law marriage must have the legal ability to enter into the union (they need to be of sufficient age and not married to anyone else)
there has to be an actual and mutual agreement between the parties to enter into a permanent and exclusive marriage (this needs to be a present agreement; being participated or engaged to get married at some point in the future doesn't count.)
There must be cohabitation as man and wife or consummation of the marriage, and
the parties need to hold themselves out into the community as husband and wife.
The person seeking to demonstrate a common law marriage Oklahoma has to prove all of these elements by clear and convincing evidence. If clear and convincing evidence is lost regarding some component of the above-referenced evaluation, the claim of a common-law marriage will fail.
What Constitutes Clear and Convincing Proof of a Common Law Marriage Oklahoma?
The general behavior of both parties during their connection will provide most of the evidence required to establish a common law marriage.
- The fact that the couple has lived together for a period of time (cohabitation)
- joint income tax returns
- joint financial accounts or charge cards
- jointly-held assets or debts (a home, auto, mortgage, or other obligations )
- life insurance policies and retirement or retirement plans that list the common-law spouse as a beneficiary
- using the other common-law partner's last name
- medical records which record the common-law spouse as next of kin
- testimony from third parties regarding the way the few introduced each other from the community and in social gatherings
- cards, presents, or other proof of celebrations marking the anniversary of their common-law union
- notes or other writings which include terminology such as"husband" or"wife," and
- family photographs showing the couple sporting wedding banks.
In case you have any questions regarding common-law marriage in Oklahoma, then you should contact an experienced family law attorney in your area.
