When is Common Law Marriage in Oklahoma Valid?
Questions about Oklahoma common law marriage most often arise when a couple decides to end their relationship or when a partner dies. In both of those situations, one’s status changes and assets are distributed.
Common law marriage is considered valid in Oklahoma when certain conditions are met. It most often arises out of what was once a casual relationship.
While it is an uncommon way to marry, it is legally binding and you must take active legal steps to unwind a common law marriage. It is in the unwinding that you will likely need the help of an experienced Bartlesville common law marriage attorney.
How Does a Common Law Marriage Arise?
In short, common law marriage in Oklahoma arises in a number of ways. Courts look at a number of factors to see if a couple intended to enter into this contractual relationship. These factors include the following:
- Legal capacity to be married. The parties must be of legal age and not otherwise married at the time they enter into a common law union.
- Mutual intent to be married to each other.
- The intent to make the relationship permanent.
- Living together as a married couple.
- Holding yourselves out to the community as a married couple.
Thus, if you refer to your partner as your husband or wife, the court will consider you married. If you file joint taxes, the court may decide that you are in fact spouses. If you bought property together and held it as community property or as joint tenants with the right of survivorship, the court will consider that as evidence of your intent to be married.
Documents can also help establish a common law marriage. If you have established joint bank accounts, or took out joint loans, all of these documents can prove your intent to be married.
In all of these instances, you are making your intent clear to the outside world. If it walks, quacks, and looks like a duck, it is a duck.
So What Happens When the Relationship Ends?
Because Oklahoma recognizes common law marriage, you must take formal steps to actually end the common law union you have entered into. All of the legal consequences of marriage apply to a common law marriage.
For example, if you decide to end the relationship without going through a formal separation and divorce, you may be held liable for future debts your estranged common law spouse incurs. Thus, it is better to have the certainty that a legal divorce can give.
A common law marriage divorce follows all of the procedures and laws of a regular divorce in Oklahoma. Property, assets, and liabilities are all divided; child custody, support, and visitation are also handled as part of the divorce proceedings. Spousal support will be awarded if applicable.
Once your divorce is final, you will be free to remarry if you choose. A formal divorce can also protect your estate after your death.
Common law marriages and divorces can be complicated. It may be difficult to delineate the precise date that a couple “married,” and it may also be difficult to determine ownership rights to property and responsibility for debts incurred during the relationship.
To that end, the services of an experienced and compassionate Bartlesville common law marriage attorney can bring both comfort and reassurance. Your attorney can answer your questions, and can help you every step of the way during this difficult time.
The Wirth Law Office-Bartlesville offers phone consultations with a Bartlesville common law marriage attorney by calling (918) 213-0950. Bring your questions and concerns to us.
Consultation with a Bartlesville Common Law Marriage Attorney
This can be a tumultuous and difficult time. Not only do you have all of the emotional issues associated with the end of a relationship, but you also have to deal with the legalities surrounding the existence of your marriage and a formal divorce proceeding.
Marriage affects almost every aspect of our adult lives, from children to retirement planning to the purchase of a family home. All of these issues can be made more complicated by a common law marriage.
We at the Wirth Law Office-Bartlesville want to help you with your common law marriage needs and concerns. You can get a consultation with an experienced Bartlesville common law marriage attorney or his staff. Simply call (918) 213-0950.
If you prefer written correspondence, email firm@bartlesvilleattorney.com or submit the “Ask an Attorney” form at the top right of this page.
