COMMON QUESTIONS ABOUT COMMON LAW MARRIAGE

Understanding the sometimes confusing area of Common Law marriage.

Many Oklahomans consider common law marriage as a way to establish a legally recognized marriage without going through a formal ceremony or obtaining a marriage license. However, laws regarding common law marriage vary significantly from state to state, and it’s important for residents of Oklahoma to understand the specific rules and legal considerations involved.

What Is Common Law Marriage?

Common law marriage is an informal type of marriage that arises when a couple lives together and presents themselves as a married couple without having a formal wedding or official marriage license. In states that recognize it, this type of marriage can carry the same legal rights and responsibilities as a traditional marriage.

Oklahoma’s Stance on Common Law Marriage

Oklahoma is one of the states that recognizes common law marriage, but with specific conditions. For a couple to be considered legally married under common law in Oklahoma, they must meet the following criteria:

Capacity to Marry: Both individuals must be legally able to enter into marriage (e.g., of legal age, not already married to someone else, and mentally competent).

Agreement to Be Married: The couple must have a mutual understanding and a clear agreement that they are husband and wife. This isn’t just about living together—it’s about an intention to be married.

Cohabitation: The couple must live together for a significant period of time, though Oklahoma does not specify a minimum duration. The emphasis is on the couple's conduct and their presentation as a married pair.

Holding Out to Others: The couple must behave publicly as if they are married—using the same last name, referring to each other as spouses, or filing joint taxes, among other indicators.

Proving Common Law Marriage in Oklahoma

Unlike formal marriages, which are documented via a marriage license, common law marriages in Oklahoma are established through evidence and witnesses. To prove that a common law marriage exists, one might need testimony or documentation showing the couple’s understanding and actions in presenting themselves as married.

Legal Effect and Dissolution

Once established, a common law marriage in Oklahoma is treated the same as a traditional marriage for legal purposes. This includes rights related to property, inheritance, and spousal support. Dissolving a common law marriage through divorce involves the same legal process as a formal marriage, requiring a court order.

Important Considerations

Recognition in Other States: Not all states recognize common law marriage, so couples should be aware of the laws in other states if they relocate or travel.

Legal Challenges: Because proof can be complex, disputes over the existence of a common law marriage sometimes lead to litigation, especially during separation or estate matters.

Final Thoughts

While common law marriage can be a valid way to establish a legally recognized relationship in Oklahoma, it’s important to understand the legal requirements and ensure your conduct aligns with these standards. If you're considering a common law marriage or need help with a related legal issue, consulting Theresa McGehee can provide clarity and guidance.