Common law marriage is legal in Tulsa County. Unlike many states that do not recognize common law marriages, Oklahoma continues to uphold this form of marital union under certain conditions. This allows a couple to be recognized as married without undergoing a formal ceremony or obtaining a marriage license.
Understanding Common Law Marriage in Oklahoma
Common law marriage is an alternative marriage option that relies on the couple’s actions and intentions rather than formalities. To establish a common law marriage in Oklahoma, there is certain criteria:
Mutual Agreement:
- Intent: Both parties must have a mutual agreement to be married. One party alone doesn’t meet the requirement.
- Declaration: They must hold themselves out to family, friends, and the community as being married. Some of the the best evidence of common law marriage is to hold yourself out as married on your tax returns. If you declare yourself as married on your taxes you are most likely common law married.
Cohabitation:
- Living Together: The couple must live together. Unlike a ceremonial marriage, there is no specific duration for how long they must cohabit. While they live together they must hold themselves out as married.
Exclusive Relationship:
- Monogamy: The couple must have an exclusive relationship, meaning they have no other partners. This is part of holding yourself out as married.
Public Representation:
- Holding Out: The couple must present themselves to others as married. This can include using the same last name, filing joint tax returns, referring to each other as spouses, or having joint bank accounts.
Capacity to Marry:
- Legal Eligibility: Both individuals must have the legal capacity to marry, which includes being of legal age, not being in another marriage, and having the mental capacity to consent to marriage.
If you’re able to meet these criteria, then it will qualify.
Proving Common Law Marriage
However, proving common law marriage can be slightly harder. Documents that show joint ownership or responsibilities, such as leases, bank accounts, credit cards, and insurance policies can be proof. Additionally, you can use statements from friends, family, and community members who can attest to the marital relationship.
If the validity of the marriage is in dispute, the court will examine the evidence to determine if you meet the criteria. This often occurs during legal matters such as divorce, inheritance disputes, or benefits claims.
Legal Implications
Ending a common law marriage in Oklahoma requires going through the same legal divorce process as a ceremonial marriage. This includes division of property, spousal support, and, if applicable, child custody and support arrangements. A common law spouse has the same inheritance rights as a formally married spouse. This includes rights to the deceased partner’s estate if they die without a will (intestate).
Additionally, common law spouses may be eligible for spousal benefits such as health insurance, social security, and pension benefits.
Tulsa County Family Lawyers
Common law marriage is legal in Oklahoma. However, there’s certain criteria that the couple must be able to meet. Proving this arrangement requires substantial evidence and documentation. Understanding the legal implications, such as rights in divorce and inheritance, is crucial.
Our team here at Tulsa County Lawyers Group can help you understand the requirements you need to meet. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
