Oklahoma recognizes common law marriages, unlike most other states. But living with a partner for prolonged periods and presenting yourselves as married to the community does not mean that a common law marriage exists in the opinion of a court. Neither does having children constitute a common law marriage in Oklahoma.
Proving Your Common Law Marriage
Evidence that can be presented before a court to prove the existence of a common law marriage includes wearing rings, holding a ceremony, making joint tax returns, joint loans, mortgages, and bank accounts. Other strong evidence includes shared property titles, joint bankruptcy, and health insurance purchased as a couple.
The partners must have the legal capacity to be married. The relationship must also have been intended to be permanent, and the couple must have lived together as husband and wife.
Usually, when common law partners appear before a judge, one partner may deny a marriage existed because they want to avoid paying alimony or they don’t want their property divided with the other party. A common law marriage should be assumed to exist if the elements that constitute one are present, even if one of the partners denies its existence.
Divorce is advisable to dissolve such a relationship if it ends. Problems could arise in the future if such a union is not formally terminated.
When a Common Law Marriage Is Not Dissolved
Terminating a common law marriage in Oklahoma follows the same route as any other marriage. One partner files for divorce in a district court as stipulated by the law.
Moving away from a shared home does not erase a common law marriage, even though it was not constituted formally. Neither does renouncing it in the community.
The following are some of the likely scenarios partners can face if they do not formally terminate a common law marriage.
1. If one of the partners gets into another marriage, they can have allegations of bigamy brought against them. Subsequent marriages can be invalidated if the common law marriage was not formally dissolved.
2. Either of the partners could get into tax problems and other unexpected financial obligations arising from the undissolved relationship. If the couple filed joint tax returns, one of the partners could be liable for a former partner’s future tax bills.
3. Either of the partners could be held responsible for the debts of the other partner, such as medical bills.
If you have been in a common law marriage, it is advisable to talk to an Oklahoma City divorce lawyer and avoid the unexpected in the future. You will also protect your loved ones if you pass on, as your common law partner will not be able to claim your property upon your demise if you have already dissolved the union formally in court.
Low-cost Consultation: Oklahoma City Divorce Attorney
When so much is at stake, it is in your best interest to talk to a divorce lawyer to better your chances of getting the best result in your situation. Our lawyers know Oklahoma divorce law well and are very experienced.
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