Anaya Nolan
Oklahoma is one of a few states that recognize common-law marriages. A common-law marriage is typically proven by cohabitation, the legal capacity to marry, a mutual agreement to be married, and the intention to be in a permanent relationship. If a couple has a common-law marriage that is deemed valid, they are afforded the same rights and responsibilities as formally married couples. This includes considerations like tax implications, employment benefits, and entitlement to a share of marital assets in the event of divorce. Therefore, if a couple with a common-law marriage wishes to end their relationship, they must obtain a regular divorce, just like any other married couple.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Yes |
| Requirements for common-law marriage | Cohabitation, legal capacity to marry, mutual agreement to be married, intention of permanence, representation as a married couple to the community |
| Validity of common-law marriage | Determined by courts |
| Divorce requirements | Formal filing through the Oklahoma District Court |
| Divorce proceedings | Division of assets, payment of alimony, child support and custody, spousal support |
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What You'll Learn
Common law marriage validity
Oklahoma is one of the few states that recognize common-law marriages. If a couple has a common-law marriage in a state that recognizes such unions and they move to a state that does not, their marriage is still valid in the new state.
To determine whether a claim of common-law marriage in Oklahoma is valid, courts consider several factors:
- Whether the parties have the legal capacity to marry (i.e., they are of legal age and not already married to someone else)
- Whether there is a mutual agreement to be married
- Whether the relationship was intended to be permanent
- Whether the couple lives together as husband and wife
- Whether the couple represents themselves to the community as married
Cohabitation duration does not automatically equate to a common-law marriage, and there is no minimum period of time required for a common-law marriage to be valid. However, a longer period of living together and acting as a married couple can strengthen a claim.
If a common-law marriage is deemed valid, the couple is afforded the same rights and responsibilities as formally married couples, including tax implications, benefits associated with employment, entitlement to inherit from a spouse's estate, and the division of assets in the event of a divorce.
To end a common-law marriage in Oklahoma, a couple must obtain a regular divorce, and a court must formally dissolve the marriage. An informal mutual agreement to end a common-law marriage can lead to problems, such as ongoing tax liabilities or legal liability for joint bank accounts.
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Divorce proceedings
In Oklahoma, common law marriages are recognised by the state and are treated the same way as traditional marriages. This means that if a couple intends to end a common law marriage, they must file for divorce.
To determine whether a common law marriage in Oklahoma is valid, courts consider several factors, including:
- Whether both parties have the legal capacity to be married (i.e., of legal age and not already married)
- Whether there is a mutual agreement to be married
- Whether the relationship was intended to be permanent
- Whether the couple lives together
- Whether the couple represents themselves to the community as married
While there is no minimum duration of cohabitation required for a common law marriage to be deemed valid, a longer period of living together and acting as a married couple can strengthen a case for common law marriage.
If a couple has joint financial commitments, such as tax returns or bank accounts, it is essential to formally end the marriage to avoid future legal and financial liabilities.
It is recommended to consult with a divorce attorney or family lawyer in Oklahoma to navigate the specific circumstances of a common law marriage and ensure a clear understanding of one's legal rights and obligations during divorce proceedings.
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Division of assets
Marital property refers to assets and debts acquired by either spouse during the marriage. This can include the family home, cars, cash, investments, and personal property such as furniture or jewellery. Generally, separate property, which is property acquired by one spouse before the marriage, is not subject to division in a divorce. However, separate property can become a marital asset through "commingling", for example, when a spouse deposits money from a separate account into the couple's joint bank account.
When dividing marital property, the court will consider various factors, including the length of the marriage, the age and health of each spouse, their income and earning capacity, their contributions to the acquisition of marital property (including non-financial contributions such as homemaking or child-rearing), and their needs.
Spouses in Oklahoma can agree on how to divide their assets, and a judge will decide if they agree that it is fair. However, if spouses cannot agree on the value of any particular asset, a judge may decide for them based on the evidence provided. Oklahoma judges have the latitude to determine valuation dates that are "just and reasonable" in each case.
It is recommended that spouses hire an experienced divorce attorney to help with the division of assets, as they can ensure that rights are protected and that each spouse receives a fair share. Attorneys can also help uncover any hidden assets and work with financial experts to ensure accurate valuations.
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Child support and custody
Oklahoma's child custody laws prioritize the best interests of the child. Judges consider the child's physical, mental, and moral welfare, taking into account their relationship with each parent, age, and any relevant preferences. Children aged 12 and over can express a preference for which parent they wish to live with, but only if they demonstrate sufficient maturity and an enlightened opinion about their welfare and future.
Supervised visitation may be mandated by law or ordered if a parent has a history of substance abuse or struggles with drug or alcohol addiction. Free supervised visitation services are provided by non-profit organizations, and some require an active child support case. Supervised visitation can be facilitated by family or friends, professionals who provide reports, or therapists who also provide reports.
There are several custody arrangements that parents can follow, including:
- Week on/week off: The parents alternate whose home the child is in every other week.
- 4:3:3:4: One parent has four overnights a week and the other has three overnights. The next week, the parents switch.
- Expanded Weekend: The parent with fewer overnight visits has the child from Friday after school or daycare until Monday morning.
- Standard Weekends: The parent with fewer overnight visits has the child every weekend from Friday evening until Sunday evening.
If there is no custody order and one parent chooses not to return the child, a judge or law enforcement may not help. However, with a court-ordered custody plan, the parent can file a "Motion to Enforce Visitation" to force the other parent to return the child.
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Tax implications
A common-law marriage in Oklahoma confers the same rights and responsibilities as a formal marriage, including tax treatment. Once a common-law marriage is formed, the couple is treated legally the same way as traditionally married couples.
The IRS allows couples living together in a common-law marriage recognized by their state of residence to file joint tax returns. Filing jointly can lower a couple's tax liability. However, simply filing a joint tax return may not be sufficient to establish a common-law marriage in Oklahoma. Other factors, such as living together, holding themselves out as husband and wife, and intending to be married, must also be present.
On the other hand, filing taxes separately while in a common-law marriage has the same legal implications as filing jointly. Therefore, even if a couple files taxes separately, they may still be considered married for many legal purposes.
If a common-law couple decides to dissolve their marriage, they must obtain a regular divorce, just like any other married couple. A formal divorce can protect each spouse from future financial claims by the other, including liability for medical expenses and future financial windfalls. It can also encourage discussions about the equitable division of marital assets.
It is important to note that the existence of a valid common-law marriage can be challenging to prove, especially for same-sex couples whose relationships began before the legalization of same-sex marriage. In such cases, couples may have limited evidence, such as joint tax returns or official documents listing their spouse, to substantiate their claim.
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Frequently asked questions
Yes, Oklahoma is one of the few states that recognize common law marriage.
A common-law marriage in Oklahoma is generally recognized when a couple lives together, holds themselves out as husband and wife, and intends to be married. Courts also consider several factors, including whether the couple is legally capable of marriage, whether there is a mutual agreement to be married, and whether the relationship was intended to be permanent.
Yes, a common-law marriage in Oklahoma can be dissolved through a common-law divorce. The process is similar to a regular divorce, with the court deciding on issues such as child support, spousal support, and property division.
The main difference is that it can be more difficult to prove the existence of a valid common-law marriage. It is essential to formally file for a common-law divorce through the Oklahoma District Court to avoid complications, such as any subsequent marriages being deemed invalid.
While it is not required to hire a lawyer, it is generally advisable to seek legal counsel when dealing with divorce proceedings. An Oklahoma divorce attorney can provide clarity on your specific situation and guide you through the process.
