Unlike the majority of states, Oklahoma still authorizes common law marriages. Oklahoma common law marriage is formed when a couple live together having the aim of marrying despite the fact that they didn’t apply for a marriage license and have not been ceremonially wedded. However, living a life with a spouse for an extended length of time and portraying yourself as wedded to the society doesn’t constitute a common law marriage in the eyes of court. In Oklahoma, possessing kids does not establish a common law marriage.
How to prove a common law marriage?
Putting rings, performing a ritual, filing joint tax forms, shared loans, liens, and common bank accounts are all examples of proof that could be brought in front of a judge to show the validity of a common law marriage. Other significant proof includes combined property ownership, joint debts, and healthcare insurance obtained as a husband and wife.
However, a permit, eyewitnesses, as well as a marriage certificate are required for a formal marriage. In contrast, certain other factors contribute to support the presence of a common law marriage:
- The partners’ genuine and mutual consent to be a married couple.
- A long-term partnership
- A connection that is intimate.
- Recognized through residing as husband and wife.
- The marital partners must openly present themselves as husband and wife.
Conflict, disloyalty or non-exclusivity doesn’t cancel a marriage or negate the presence of common law marriage, according to the Court of Civil Appeals, and a partner’s failure to proclaim themselves as married couple on several events doesn’t dissuade that partner from asserting the presence of common law marriage.
Whenever common law couples stand in front of a judge, one spouse can deny the existence of a marriage in order to escape from paying alimony or to prevent having their assets shared with partner spouse. Even though one of the parties rejects its validity, a common law marriage must be presumed to occur if the partners that comprise one are there.
If a common law marriage fails, divorce is the best way to terminate it. If this type of relationship is not properly ended, issues may develop in the future.
How to Dissolve a Common Law Marriage in Oklahoma?
In Oklahoma, ending a common law marriage is like ending other formal marriage. As mandated by law, one spouse applies for divorce before a district judge.
Shifting away from a combined residence doesn’t nullify a common law marriage, regardless if it’s not properly formed. Neither does renunciation in public.
If you were a part of common law marriage, you should consult with an Oklahoma City divorce attorney to prevent the unanticipated and unpleasant in the future. You’ll also secure your dear ones when you die, because your common law spouse will be unable to falsely claim your assets if you’ve previously legally terminated the partnership in court.
Oklahoma City Divorce Lawyer Offers Free Consultation
When everything is at risk, it’ll be in your greatest advantage to consult with a divorce attorney to improve your likelihood of securing the best possible outcome in your circumstances. Their attorneys are well-versed in Oklahoma divorce law and have extensive expertise.
They provide free introductory consultations. You should not stroll alone. Learn how experienced family law specialists can assist you at a tough time.
