Cecily Zamora
Oklahoma is one of the few US states that still recognize common-law marriages. This means that couples who live together for a certain amount of time, present themselves as husband and wife, and intend to be married are treated legally the same way as traditionally married couples. If a couple in a common-law marriage intends to separate, they must file for divorce and divide their marital property. While there is no minimum time period for cohabitation, there are several criteria that must be met for a common-law marriage to be valid in Oklahoma, including the agreement and consent of both parties to be married.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | Yes |
| Same-sex common law marriage recognized | Yes |
| Requirements | Cohabitation, agreement to be married, consent, permanent exclusive relationship, holding out publicly as husband and wife |
| Evidence | Legal documents listing each other as spouse, joint tax returns, mortgages, loan applications, deeds, cards addressing the other party as "spouse", testimony of third parties, testimony of conduct expected of married couples |
| Divorce | Required, with division of marital assets, alimony, child custody, visitation determination, and child support |
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What You'll Learn
Common law marriage is recognised in Oklahoma
Common-law marriage is recognised in Oklahoma. While the number of US states that recognise common-law marriage has declined over the years, Oklahoma continues to be one of the few that hasn't abolished the practice.
A common-law marriage in Oklahoma occurs when a couple lives together for a certain amount of time, holds themselves out as husband and wife, and intends to be married. There is no minimum time period for cohabitation, and simply living together does not constitute a common-law marriage. The couple must also agree that they are married and consent simultaneously. They must be in an exclusive, permanent relationship and hold themselves out publicly as a married couple.
If a couple intends to end a common-law marriage, they must obtain a regular divorce, just like any other married couple. They will need to have the court decide on matters such as child support and custody, spousal support, and property division. If the couple moves to a state that does not recognise common-law marriage, they will still need to obtain a legal divorce in that state.
The most persuasive evidence of a common-law marriage includes legal documents where the parties list each other as spouses, such as joint tax returns, mortgages, loan applications, and deeds. Other evidence can include birthday or anniversary cards addressing the other party as "spouse", testimony from third parties that the couple introduced each other as husband and wife, and testimony that the couple engaged in conduct expected of married couples, such as sending family Christmas cards, celebrating anniversaries, raising a family, and taking family vacations.
Same-sex couples may face additional challenges in proving their common-law marriage if their relationship began before the Obergefell v. Hodges decision, which legalised same-sex marriage in all 50 states. They may have fewer documents or official records recognising their relationship and may have been more reluctant to hold themselves out as married publicly. However, Oklahoma courts should recognise same-sex common-law marriages under the same standards applied to opposite-sex couples.
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Same-sex common law marriages are recognised
Oklahoma recognises common-law marriages, and same-sex couples are included in this recognition. While the number of states that recognise common-law marriage has declined over the years, Oklahoma has not abolished the practice.
Same-sex couples may face additional challenges in proving their common-law marriage, particularly if their relationship began before the Obergefell v. Hodges decision in 2015, which legalised same-sex marriage in all 50 states. Before this decision, same-sex couples did not have the option to file joint tax returns or list their partner as their spouse on many official documents, which could make it more difficult to provide evidence of their common-law marriage.
However, there are still ways for same-sex couples to demonstrate their common-law marriage. Legal documents, such as mortgages, loan applications, and deeds, can be used as evidence, even if the couple did not file joint tax returns. Other forms of evidence can include birthday or anniversary cards addressing the other party as "spouse", testimony from third parties that the couple introduced each other as husband and husband or wife and wife, and testimony that the couple engaged in conduct expected of married couples, such as sending family Christmas cards, celebrating their anniversary, raising a family together, or taking family vacations.
If a court recognises a couple as being in a common-law marriage, they are granted the same rights and responsibilities as any married couple, including tax treatment, employment benefits, the right to inherit from their spouse's estate, and the right to a share of marital property if they get divorced. It is important to note that, even if Oklahoma does not recognise a relationship as a valid common-law marriage, the couple may still have legal rights and responsibilities concerning that relationship, especially if they have children together.
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Divorce is required to end a common law marriage
Common law marriage is recognised in Oklahoma, though the number of states that recognise it has declined over the years. A common law marriage in Oklahoma confers the same rights and responsibilities as a formal marriage, including tax treatment, employment benefits, the right to inherit from a spouse's estate, and the right to a share of marital property if the couple divorces.
If a couple with a valid common law marriage wants to separate, they must go through the same divorce process as a formally married couple. This means filing for divorce and, if granted, dividing their marital property and potentially paying alimony.
Even if Oklahoma does not recognise a couple's relationship as a valid common law marriage, they may still have legal rights and responsibilities concerning that relationship. For example, if they have children together, they are both legally obligated to support them. In the event of a separation, they would have the right to establish their children's paternity and ask the court to issue orders for child support, child custody, and visitation.
Proving the existence of a common law marriage can be challenging. While there is no specific time period that a couple must be together for a common law marriage to be considered valid, Oklahoma courts have set out criteria for common law marriages. These include factors such as whether the couple has the legal capacity to marry, whether there is a mutual agreement to be married, whether the relationship was intended to be permanent, whether they live together, and whether they represent themselves to the community as married.
Same-sex couples may face additional challenges in proving their common law marriage, particularly if their relationship began before the legalisation of same-sex marriage in 2015. They may have less evidence available, such as joint tax returns or listing their partner as a spouse on official documents.
In summary, while common law marriage is recognised in Oklahoma, ending such a marriage requires a formal divorce process. This process ensures the equitable division of marital assets and addresses any relevant issues, such as child custody and support.
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Evidence of common law marriage
Common law marriage is recognised in Oklahoma, though the number of states that recognise it has declined over the years. In Oklahoma, a common law marriage is formed when "the minds of the parties meet in consent at the same time". This means that both parties must consent to the marriage at the same time. There is no single factor that automatically qualifies a relationship as a common law marriage, and there is no law in Oklahoma that defines and establishes the rules for common law marriage.
If you want to legally end a common law marriage in Oklahoma, you must file for divorce, just as you would in any marriage. If you get divorced, you have the right to an equitable division of marital property, and either party may request alimony. Even if Oklahoma does not recognise your relationship as a valid common law marriage, you may still have legal rights and responsibilities concerning that relationship. For example, if you have children with your unmarried partner, you are both legally obligated to support them.
To prove a common law marriage in Oklahoma, you must provide clear and convincing evidence. This means that the evidence must be strong enough to convince a judge that what you are claiming is highly likely to be true. Here are some examples of evidence that might help to prove a valid common law marriage in Oklahoma:
- A written agreement or other documents signed by both partners declaring their intention to marry
- Filing joint tax returns
- Buying property together
- Referring to each other as husband and wife in public
- Participating in any other activity that would be expected of a married couple
Same-sex couples may face extra challenges in proving they have a common law marriage if their relationship began before the Obergefell v. Hodges decision, which legalised same-sex marriage in all 50 states. These couples may not have as much evidence available to them as other couples, such as the option to file joint tax returns or list their partner as their spouse on official documents.
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Rights and responsibilities of common law spouses
Common-law marriages are recognised in Oklahoma, meaning that couples living together without a traditional ceremony or marriage license can still be considered legally married, provided they meet certain criteria.
Rights of Common-Law Spouses in Oklahoma
Common-law spouses in Oklahoma have the same rights as those in formal marriages. These include:
- Inheritance rights: If one partner dies without a will, the surviving spouse may claim a part of their estate. Marital assets acquired during the union are considered joint property, with both partners having an equal claim.
- Property rights: In the event of a divorce or separation, marital property is divided fairly, considering contributions from both spouses.
- Tax treatment: Common-law spouses have the right to file joint tax returns, just like legally married couples.
- Employment benefits: Common-law spouses are entitled to the same employment benefits as legally married couples.
- Child support and custody: In the event of a divorce, common-law spouses have the right to establish their children's paternity and request the court to issue orders for child support, child custody, and visitation.
- Spousal support: Upon divorce, either spouse may request alimony or spousal support.
Responsibilities of Common-Law Spouses in Oklahoma
Common-law spouses in Oklahoma also have similar responsibilities to those in formal marriages. These include:
- Child support: Common-law marriages in Oklahoma have the same responsibilities for child support as traditional marriages. Both parents are legally obligated to support their children, regardless of marital status.
- Property division: Common-law spouses are responsible for ensuring a fair division of property upon divorce or separation. Couples are encouraged to outline ownership during the relationship or create a cohabitation agreement to prevent disputes.
- Public recognition: Common-law spouses must actively present themselves as married across social settings and official matters. This includes listing each other as beneficiaries on insurance policies, naming each other in wills, and filing joint tax returns.
Criteria for Common-Law Marriage in Oklahoma
It is important to note that there is no specific time period for a common-law marriage to be considered valid in Oklahoma. However, couples must meet certain criteria set out by the Oklahoma courts. These include:
- Public recognition: The couple must hold themselves out as married to the community, including participating in community activities as a family and referring to each other as "husband," "wife," or "spouse."
- Mutual agreement to marry: Both partners must intend to be married and have a written agreement or other documents declaring this intention.
- Shared finances: Common-law spouses typically share a home and combine their finances, although this is not a requirement.
- Proof of marriage: In legal settings, common-law spouses may need to provide clear and convincing evidence of their marriage, such as affidavits, testimony, financial statements, or other documents.
While common-law marriages offer similar rights and responsibilities to those of a ceremonial marriage, couples may face unique challenges in proving the existence of their marriage, especially in court cases or when claiming benefits typically afforded to married couples.
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Frequently asked questions
Yes, Oklahoma is one of the few states that still recognizes common-law marriage.
A common-law marriage occurs when a couple lives together, holds themselves out as husband and wife, and intends to be married. There is no minimum time period of cohabitation required, but there are several criteria that must be met.
The most persuasive evidence of a common-law marriage is legal documents in which the couple lists each other as spouses. These can include joint tax returns, mortgages, loan applications, and deeds. Other evidence can be cards or letters addressing the other party as "spouse", testimony from third parties that the couple introduced each other as husband and wife, and testimony that the couple engaged in conduct expected of married couples.
A couple in a common-law marriage has the same rights and responsibilities as any married couple, including tax treatment, employment benefits, the right to inherit from a spouse's estate, and the right to a share of marital property if they get divorced.
To end a common-law marriage, a couple must file for divorce, just as they would in any marriage. They will need to have a court decide on matters such as child support and custody, spousal support, and property division.
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