Keith Mack
Common-law marriage is a legally recognized union in Oklahoma. Couples who live together and present themselves as married may be deemed legally married under common law. While there is no minimum cohabitation period or formal agreement of marriage required, individuals must provide clear and convincing evidence to prove their common-law marriage. This evidence must demonstrate that both parties consented to marriage, maintained an exclusive and enduring relationship, cohabitated, publicly presented themselves as married, and possessed the legal capacity to wed. Same-sex couples may face additional challenges in proving their common-law marriage if their relationship began before the legalization of same-sex marriage in 2015. It's important to note that a common-law marriage in Oklahoma is treated the same as a traditional marriage, including the requirement to obtain a divorce if the couple wishes to separate.
| Characteristics | Values |
|---|---|
| Recognition of common law marriage in Oklahoma | Common law marriage is recognised in Oklahoma, although there is no specific statute governing it. |
| Evidence required | Clear and convincing evidence is required to prove a common law marriage. This means the evidence must be strong enough to convince a judge that the claim is highly probable. |
| Examples of evidence | A written agreement or document signed by both partners expressing the intention to marry; documents showing that you or your children assumed your partner's last name; joint property ownership; filing joint tax returns. |
| Same-sex common law marriage | Following the U.S. Supreme Court's decision in Obergefell v. Hodges (2015), Oklahoma courts are expected to recognise same-sex common law marriages under the same standards as opposite-sex couples. However, same-sex couples may face additional challenges due to a potential lack of evidence. |
| Termination of common law marriage | Common law marriage terminates by divorce or the death of one spouse. To end the relationship, a regular divorce must be obtained, and a court will decide on matters such as child support, spousal support, and property division. |
| Recognition in other states | Generally, other states will recognise common law marriages by Oklahoma residents, even if they do not typically recognise common law marriage themselves. |
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What You'll Learn
Same-sex common-law marriages
In Oklahoma, same-sex couples have been able to marry since October 6, 2014, when the United States Supreme Court denied review of a federal legal case that ruled that denying same-sex couples the freedom to marry in the state was unconstitutional.
To prove a common-law marriage in Oklahoma, couples must provide clear and convincing evidence that they meet the requirements for a valid common-law marriage. While there is no minimum cohabitation period, the longer a couple has lived together and acted as a married couple, the easier it will be to prove a permanent relationship. Other factors that can help prove a common-law marriage include having a child together, joint property ownership, and filing joint tax returns. A written agreement or document signed by both partners expressing their intention to marry can also be used as evidence.
If a common-law marriage is deemed valid in Oklahoma, the couple is afforded the same rights and responsibilities as formally married couples, including tax treatment, employment benefits, inheritance rights, and the right to a share of marital property if they get divorced. However, it is important to note that if a couple is cohabiting without a common-law marriage, they are not eligible for property or debt division under family law statutes.
Same-sex couples in Oklahoma who are considering a common-law marriage or are facing a divorce are advised to consult with an attorney to navigate the special considerations that may arise, especially if their relationship began before the legalization of same-sex marriage in the state.
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Evidence requirements
In Oklahoma, there is no statutory law that defines the requirements for common-law marriage. Instead, the state's courts have set specific criteria that must be proven with "clear and convincing evidence". This means that the evidence must be strong enough to convince a judge that what is being claimed is highly probable and free from serious doubt. While there is no specific period of cohabitation that leads to a common-law marriage, the longer a couple has lived together and acted as a married couple, the easier it will be to prove a permanent relationship.
Evidence that can be used to prove a common-law marriage includes a written agreement or other documents signed by both partners declaring their intention to marry. Other documents that can be used as evidence include those showing that one or both partners assumed the other's last name, joint property ownership, and filing joint tax returns. While having a child together does not prove a common-law marriage, it can be used as additional evidence of a public representation as a married couple.
If a couple wishes to end a common-law marriage, they must obtain a regular divorce, just like any other ceremonially married couple. This can be done through the Oklahoma District Court. Neglecting to do so can result in substantial complications, such as any subsequent marriages being deemed invalid.
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 in 2015, which legalized same-sex marriage across all 50 states. This is because they may not have as much evidence available to them as other couples to prove that their relationship qualifies. However, Oklahoma courts should recognize same-sex common-law marriages under the same standards applied to opposite-sex couples.
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Cohabitation duration
While cohabitation duration is an important factor in proving a common-law marriage in Oklahoma, there is no specific duration of cohabitation required for such a marriage to be deemed valid. In other words, the amount of time a couple has lived together does not automatically determine whether they are in a common-law marriage. Instead, the state's courts have set specific criteria that must be met.
That said, the longer a couple has lived together and acted as a married couple, the stronger their case for a common-law marriage. This is because one of the key requirements for a common-law marriage in Oklahoma is that the couple must prove that their relationship is permanent and exclusive, and a longer cohabitation duration can be evidence of this.
To further strengthen their case, couples can provide evidence of cohabiting as spouses, such as living together on a permanent basis, filing joint tax returns, buying property together, and referring to each other as husband and wife in public. Having a child together, joint property ownership, and filing joint tax returns can also support the case, although they do not establish a common-law marriage on their own.
Ultimately, to prove a common-law marriage in Oklahoma, couples must furnish clear and convincing evidence of their union. This means presenting compelling evidence that persuades the judge that their claim is highly probable, even if it falls short of "beyond a reasonable doubt," as required in criminal cases.
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Divorce and remarriage
In Oklahoma, a common law marriage can be terminated by divorce, just like a ceremonial marriage. However, it is important to note that the existence of a valid common law marriage can be more challenging to prove. If you are unable to prove your common law marriage, you may face difficulties in asserting your rights in a divorce.
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 probable and free from serious doubt. This can be done through various forms of evidence, such as a written agreement signed by both partners declaring their intention to marry, affidavits or testimony from both partners explaining the nature of their relationship and actions that demonstrated their intention to be married, testimony from friends and family, and financial statements from joint accounts.
If you are unable to provide sufficient evidence of a common law marriage, you may still have legal rights and responsibilities concerning your relationship, especially if you have children together. In this case, you can establish your children's paternity and request orders for child support, custody, and visitation.
It is important to formally file for common law divorce through the Oklahoma District Court to dissolve a common law marriage. Failure to do so can result in complications, such as any subsequent marriages being deemed invalid.
Once a common law marriage is legally terminated through divorce, individuals are free to remarry. They are also entitled to the same rights as those in a traditional marriage upon dissolution, including a fair division of all marital assets and liabilities, and the arrangement of alimony or spousal support.
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Common law recognition in other states
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is currently only recognized in seven US states and the District of Columbia, with an additional two states that recognize it for limited purposes. These states are:
- Colorado
- Iowa
- Kansas
- Montana
- Rhode Island
- Oklahoma
- Texas
- Utah
- South Carolina
- New Hampshire
While the number of states that recognize common-law marriage has declined over the years, Oklahoma continues to uphold the practice. This means that if a couple meets the requirements for a valid common-law marriage in Oklahoma, they will be afforded the same rights and responsibilities as any married couple in the state, regardless of whether they move to a state that does not recognize common-law marriages.
It is important to note that the recognition of common-law marriage in Oklahoma is rooted in historical judicial decisions rather than statutory law. As such, there is no specific statute governing common-law marriage in the state, and the courts have set specific criteria for its recognition. These criteria include factors such as the length of cohabitation, holding themselves out as a married couple, having a child together, joint property ownership, and filing joint tax returns.
To prove a common-law marriage in Oklahoma, couples must provide clear and convincing evidence to support their union. This evidence must be strong enough to convince a judge that the claim is highly probable. Examples of such evidence include a written agreement or other documents signed by both partners expressing their intention to marry, as well as documents showing that the couple or their children assumed the same last name.
In the case of same-sex couples, Oklahoma courts are expected to acknowledge common-law marriages following the U.S. Supreme Court's legalization of same-sex marriage across all 50 states in 2015. However, same-sex couples may face additional challenges in proving their common-law marriage, especially if their relationship began prior to the aforementioned ruling, due to a potential lack of available evidence.
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Frequently asked questions
A common-law marriage occurs when a couple lives together for a certain amount of time, holds themselves out as husband and wife, and intends to be married. Once a common-law marriage is formed, that couple is treated legally the same way that traditional married couples are treated.
To prove a common-law marriage in court, you must prove your case by "clear and convincing evidence". This means that your evidence must be strong enough to convince the judge that what you're claiming is highly likely to be true. You may consider presenting a written agreement or document signed by both parties expressing your intention to marry, or documents showing that you or your children assumed your partner's last name.
If you are in a legally recognised common-law marriage and you move to a state that does not recognise common-law marriages, you are still legally married in that new state. However, if you wish to end the relationship, you must obtain a legal divorce.
