In Oklahoma, common law marriage is recognized as a legal form of marriage. It is a type of union where a couple lives together and presents themselves as married without obtaining a formal marriage license or ceremony. While not all states recognize common law marriage, Oklahoma is among the few that do. This article will explore the ins and outs of common law marriage in Oklahoma, including its requirements, legal status, and implications.
Requirements for Common Law Marriage in Oklahoma
To establish a common law marriage in Oklahoma, several requirements must be met. Here are the five key requirements:
- Mutual Agreement: Both parties must have an agreement to be married and must hold themselves out as being married. This means presenting themselves to friends, family, and the community as a married couple.
- Co-habitation: The couple must live together and share a residence in Oklahoma. Temporary absences due to work or travel do not affect this requirement.
- Capacity to Marry: Each party must be capable of getting married. This includes being of legal age (18 years old), not currently married, and not closely related by blood or adoption.
- Intent to be Married: The couple must have the intent to be married. This can be shown through various actions, such as sharing bank accounts, filing joint tax returns, or referring to each other as spouses.
- Holding Out to the Public: The couple must hold themselves out to the public as being married. This can include introducing each other as spouses, using the same last name, or wearing wedding rings.
Legal Status of Common Law Marriage in Oklahoma
Once the above requirements are met, the couple is considered legally married under common law in Oklahoma. However, it’s important to note that not all states recognize common law marriage. If a couple moves to a state that does not recognize common law marriage, their legal status may be impacted.
Implications of Common Law Marriage in Oklahoma
As legally recognized spouses, common law married couples have the same rights and responsibilities as traditionally married couples. This includes the right to inherit from each other without a will, the right to make medical decisions for each other, and the responsibility to file joint tax returns.
However, there are also potential downsides to common law marriage. For example, if the couple separates, they may need to go through a formal divorce process, just like traditionally married couples. This can involve dividing property and paying spousal support.
Additionally, common law marriage may impact estate planning. If one spouse dies without a will, the surviving spouse may have a claim to the deceased spouse’s assets, even if they were not included in the will.
How to Prove Common Law Marriage in Oklahoma
If a couple disputes whether or not they are common law married, it may be necessary to prove the existence of the marriage. Here are some ways to do this:
- Affidavits: Written statements from friends, family members, or other witnesses who can attest to the couple’s relationship and intent to be married.
- Joint Documents: Shared documents such as bank accounts, leases, or credit cards that show the couple living together and sharing expenses.
- Testimony: The couple can testify under oath about their relationship and intent to be married.
It’s important to note that proving common law marriage can be complicated, and it’s best to seek legal advice if there is any doubt.
Conclusion
Common law marriage is a legal form of marriage in Oklahoma, but it requires meeting specific requirements. Once established, common law married couples have the same rights and responsibilities as traditionally married couples. However, there are potential downsides to common law marriage, including the need for a formal divorce process and potential impacts on estate planning. If there is any dispute about whether a common law marriage exists, it’s best to seek legal advice to determine the legal status of the relationship.