Marriage is traditionally seen as a formal union between two individuals, solemnized through a ceremony and recognized by a marriage license. However, in some cases, couples may enter into a legal relationship known as common law marriage. Common law marriage refers to a union where a couple lives together and presents themselves as married without obtaining a marriage license or going through a formal ceremony. While common law marriages are not recognized in all states, Oklahoma is one of the few states that still recognizes and upholds this type of union. In this article, we will delve into the details of common law marriage in Oklahoma, exploring the requirements, legal implications, and factors that establish the existence of a common law marriage.
What is Common Law Marriage?
Common law marriage is a legal concept that allows couples to be recognized as married without a formal marriage ceremony or license. In Oklahoma, a common law marriage is considered valid and legally binding if certain criteria are met. These criteria include mutual agreement and intent, cohabitation, and holding out as married.
Requirements Needed for Common Law Marriage in Oklahoma
Mutual Agreement and Intent:
One of the essential elements of a common law marriage in Oklahoma is the mutual agreement and intent of both parties to be married. This means that both individuals must express their desire and intention to create a lifelong, committed relationship akin to a formal marriage. The agreement can be implied through the actions and behavior of the couple, as well as any verbal or written statements acknowledging their commitment.
Cohabitation:
Cohabitation, or living together as spouses, is a fundamental requirement for a common law marriage in Oklahoma. The couple must reside together in the same household and maintain a marital relationship in terms of their living arrangements. This includes sharing a common residence, sharing financial responsibilities, and engaging in activities that are typically associated with a married couple, such as sharing household chores and making joint decisions.
Holding Out as Married:
Another significant aspect of common law marriage is “holding out” as married. This means that the couple presents themselves as married to family, friends, and the community. They may use the same last name, introduce each other as spouses, or refer to themselves as married in various official documents. Holding out as married is a public declaration of their relationship and serves as evidence of their intention to be regarded as a married couple.
Legal Implications of Common Law Marriage in Oklahoma
Once a common law marriage is established in Oklahoma, it carries the same legal rights and responsibilities as a formal marriage. Some of the key implications include:
Property Rights:
In the event of separation or divorce, common law spouses in Oklahoma have the same property rights as spouses in a formal marriage. This means that each partner may be entitled to an equitable distribution of property and assets acquired during the course of the marriage.
Inheritance:
Common law spouses have the same inheritance rights as legally married spouses. If one partner passes away without a will, the surviving common law spouse may have a legal claim to the deceased partner’s estate.
Child Custody and Support:
Children born within a common law marriage in Oklahoma are considered legitimate, and both parents have the same rights and responsibilities as married parents. This includes child custody, visitation rights, and child support obligations.
Divorce or Dissolution:
To end a common law marriage in Oklahoma, the couple must go through a formal legal process similar to that of a traditional marriage. This involves filing for divorce or dissolution and addressing issues such as property division, spousal support, and child custody.
It’s important to note that simply living together or having a long-term relationship does not automatically establish a common law marriage. The couple must meet the specific requirements outlined by Oklahoma law to be considered legally married.
Conclusion
Common law marriage in Oklahoma provides an alternative legal recognition for couples who choose not to pursue a formal marriage ceremony or obtain a marriage license. By meeting the criteria of mutual agreement and intent, cohabitation, and holding out as married, couples can establish a legally binding relationship with rights and responsibilities similar to those of a traditional marriage. Understanding the requirements and implications of common law marriage is essential for individuals considering this type of union in Oklahoma.