While you may believe that a relationship between two adults is only the business of those two adults, the reality isn’t so simple. Depending on where you live, the state government may get involved if you try to end a relationship with someone. This is because many states have a concept known as “common law marriage,” wherein if two people live together, the state considers them essentially married. Oklahoma is one of those states, meaning if you try to end your relationship, you could end up needing an Oklahoma common law divorce attorney.
Does Oklahoma Still Recognize Common Law Marriage?
Yes and no. Oklahoma has contradictory laws on the matter. For example, with an eye toward abolishing common-law marriage, the Oklahoma legislature passed a law in 1998 requiring marriages to be “contracted by a formal ceremony.” Okla. Stat. tit. 43 § 7a. However, most Oklahoma courts still recognize common-law marriages to be valid.
To be considered a common law marriage in Oklahoma, the couple must have the capacity to enter into a marriage, must have agreed to be married, and must have lived together and held themselves out as married to the public. In order to prove the existence of a common law marriage in Oklahoma, the couple must present evidence that they have satisfied these requirements. This evidence may include, but is not limited to, joint bank accounts, joint ownership of property, and the use of the same last name.
Navigating the Complexities of Common Law Divorce in OKC
If you were in a common-law marriage and are now seeking to divorce or remarry, here are some issues you may encounter:
Child Custody
Generally, a father had to prove paternity in order to establish child custody rights. In November of 2022, Oklahoma adopted a law that the parent whose name is on the birth certificate of the child has the same rights as the other parent, whether they were formally married or not. But at the moment of writing, it remains to be seen how this law will affect paternity and custody questions for common-law divorces in Oklahoma.
Estate
In probate procedures, children or ex-spouses may argue that a long-term common-law partner is not entitled to a share of the estate because there was never a wedding ceremony. Or, in the event of your death, your property may be passed to your former common-law spouse, rather than your children.
Terminating the Relationship
Ending the relationship without a divorce and then entering a relationship with someone else may open you to the charge of bigamy. Bigamy in Oklahoma is a serious offense and can result in fines, imprisonment, and other legal consequences. In order to avoid being charged with bigamy, it is necessary to obtain a divorce or have the first marriage annulled before entering into a new marriage.
Obtaining a Common Law Divorce in OKC
A common law divorce is just like a typical OKC divorce. Even if you were not legally married, you should still pursue your divorce so that the two of you can move on and prevent any legal issues from arising in the future.
For example, assume you and your common-law spouse mutually decided to stop seeing each other. It was an amicable separation, with each of you going your own ways.
Years go by you decide to marry someone else. To fully avoid any chance of being charged with bigamy in Oklahoma, you decide to file for a formal divorce. But by this time, the fortunes of your former spouse have taken a turn for the worse and she has money issues. So she decides to sue for things bought during the time you lived together, claiming them to be “marital assets.”
This is one of many issues that can arise when you don’t pay attention to Oklahoma marriage laws.
Unfortunately, while you don’t need court input for a common-law marriage, you do for a divorce. To obtain a common-law divorce in Oklahoma it’s best you consult with an Oklahoma divorce lawyer.
Initial Consultation With ann OKC Common Law Divorce Lawyer
If you are considering divorcing your common-law spouse in Oklahoma City, it is important to seek the advice of a qualified OKC divorce attorney. An attorney with experience handling common law marriage divorce can help you understand your rights and options, and guide you through the process of dissolving your marriage.
For a initial consultation with one of our OKC divorce lawyers, call 405-880-8222 today. If you prefer e-mail, send us your question using the “Ask the Lawyer” form on the right side of this page.