Oklahoma Common Law Marriage and Divorce
Divorce horror stories of confiscated property and lost wealth continue to scare people away from marriage, with many choosing to simply live together, without undergoing any religious or civil ceremony. The idea is that while breakups are emotionally difficult, this way they can at least avoid financial pain.
Unfortunately, depending on the state in which you live, you could be in for a nasty surprise.
If you live with your romantic partner and share finances, some states will consider you married under what’s known as common law. Oklahoma is one of these states. If you are common law married, you are vulnerable to the same pitfalls of divorce as conventionally married couples.
What Is Common Law Marriage and Does It Exist in Oklahoma?
Common law marriage is when a man and woman live together for a period of time (known as cohabitation) and portray themselves to friends and family as essentially “married” without any official certificate. They must have a longstanding and monogamous relationship.
Oklahoma is one of the few states which still recognizes common law marriage. But there’s a catch. In 1998 the Oklahoma state legislature passed a law in 1998 requiring all couples possess a marriage to be considered married. But while some thought this was the end of the matter Oklahoma courts have continued to recognize common law marriage.
As a result, if you entered into a cohabiting relationship after 1998 your marital status may be unclear. An Oklahoma divorce attorney can help you get legal clarity on your situation.
How Is Common Law Marriage Proved in Oklahoma?
Common law marriage in Oklahoma is generally proved by the following elements:
- Cohabitation – You both must be living together.
- Both parties are legally capable of marriage, meaning:
- Of legal age (usually 18)
- Of sound mind (not mentally impaired)
- Neither are married to someone else already
- Both parties want to get married and intend on having a permanent relationship
- You present yourselves as a married pair to friends and family:
- Sharing the same last name
- Using terms such as “husband,” “wife,” or “spouse” to refer to each other in public
- Sharing finances, such as using the same bank account or credit card
Contrary to popular belief, there is no minimum period of time living together required to have a common law marriage in Oklahoma. Nor do you need to have had children with this person.
Do I Need to Get a Divorce to Get Out of a Common Law Marriage in Oklahoma?
Unfortunately, yes. If the courts rule you exist in a common law marriage with your romantic partner, you must file for divorce through the Oklahoma District Court. This is crucial, as delaying a “legal” divorce could lead to significant issues. For instance, any future marriage you enter into, common law or conventional, may be considered null and void. Furthermore, if you pass away without a will, your ex-common law spouse might get your estate.
Be advised that like any other divorce, a common law divorce in Oklahoma may entail division of assets and payment of alimony. Talk to an Oklahoma divorce lawyer to learn more about the details of your situation.
Initial Consultation With ann Oklahoma City Divorce Attorney
If you think you may exist in a common law marriage, or have already been told you do by the courts, and want to protect your financial interests, it’s a good idea to speak to an Oklahoma City Divorce Attorney. An OKC divorce attorney can help provide needed clarity on your situation and guidance on the best course of action moving forward.
For a initial consultation with an able Oklahoma City divorce lawyer, call (405) 880-8222 today. If you prefer e-mail, send us your question using the “Ask the Lawyer” form at the right side of this page. A divorce attorney in OKC will get back to you promptly.