Common law marriage is a legal concept that recognizes a couple as married, even if they have not obtained a marriage license or had a formal wedding ceremony. While common law marriage is not recognized in all states, it is still prevalent in some jurisdictions, including Oklahoma. Understanding the essentials of common law marriage in Oklahoma is crucial for couples who are considering this type of relationship or who may already be in one. This article will explore the key aspects of common law marriage in Oklahoma, including its requirements, rights and responsibilities, and the process of ending a common law marriage.
1. What is Common Law Marriage?
Common law marriage, also known as informal marriage or marriage by habit and repute, is a legal concept that recognizes a couple as married based on their actions and intentions, rather than a formal ceremony or marriage license. In Oklahoma, common law marriage is recognized if certain requirements are met.
To establish a common law marriage in Oklahoma, the following elements must be present:
- 1. Cohabitation: The couple must live together as husband and wife.
- 2. Present Agreement: Both parties must have the present intent to be married.
- 3. Public Declaration: The couple must hold themselves out to the public as married.
It is important to note that simply living together or having a long-term relationship does not automatically create a common law marriage. The couple must meet all the requirements mentioned above.
2. Rights and Responsibilities of Common Law Marriage
Once a common law marriage is established in Oklahoma, the couple is entitled to the same legal rights and responsibilities as couples who are formally married. These rights and responsibilities include:
- 1. Property Rights: Common law spouses have the right to own and manage property together, just like formally married couples. In the event of a separation or divorce, the property may be divided equitably.
- 2. Inheritance Rights: Common law spouses may have inheritance rights if their partner passes away without a will. However, these rights can be complex and may require legal action to enforce.
- 3. Health Care Decisions: Common law spouses may have the right to make medical decisions on behalf of their partner if they are unable to do so themselves.
- 4. Child Custody and Support: Common law spouses have the same rights and responsibilities as formally married couples when it comes to child custody and support.
- 5. Divorce: Ending a common law marriage in Oklahoma requires the same legal process as a formal marriage. The couple must go through a divorce proceeding to dissolve the marriage.
3. Establishing a Common Law Marriage in Oklahoma
As mentioned earlier, a common law marriage in Oklahoma requires the couple to meet specific requirements. However, it is important to note that simply meeting these requirements does not automatically establish a common law marriage. The couple must also have the intent to be married and hold themselves out as married to the public.
There is no specific time requirement for cohabitation in Oklahoma to establish a common law marriage. However, the couple must live together as husband and wife and present themselves as married to others. This can be demonstrated through various means, such as using the same last name, introducing each other as spouses, or filing joint tax returns.
If a couple meets all the requirements and wishes to establish a common law marriage, they can do so by signing a common law marriage affidavit. This affidavit is a legal document that declares the couple’s intent to be married and is signed in the presence of a notary public.
4. Common Law Marriage and Same-Sex Couples
With the legalization of same-sex marriage in the United States, the recognition of common law marriage for same-sex couples has become less relevant. In Oklahoma, same-sex couples have the same rights and responsibilities as opposite-sex couples when it comes to marriage.
However, it is worth noting that if a same-sex couple lived together and held themselves out as married before same-sex marriage was legalized, their relationship may be recognized as a common law marriage if it meets the requirements mentioned earlier.
5. Ending a Common Law Marriage in Oklahoma
Ending a common law marriage in Oklahoma requires the same legal process as ending a formal marriage. The couple must go through a divorce proceeding to dissolve the marriage and address issues such as property division, child custody, and spousal support.
It is important to note that simply separating or no longer living together does not automatically end a common law marriage. The couple must go through the legal process of divorce to officially terminate the marriage.
When seeking a divorce, it is advisable for couples in a common law marriage to consult with an experienced family law attorney. An attorney can guide them through the process, ensure their rights are protected, and help them reach a fair settlement.
Summary
Common law marriage in Oklahoma is a legal concept that recognizes a couple as married based on their actions and intentions. To establish a common law marriage, the couple must live together, have the present intent to be married, and hold themselves out as married to the public. Once a common law marriage is established, the couple has the same rights and responsibilities as formally married couples. Ending a common law marriage requires the same legal process as a formal marriage, and it is advisable to seek the assistance of a family law attorney. Understanding the essentials of common law marriage in Oklahoma is crucial for couples who are considering this type of relationship or who may already be in one.
Overall, common law marriage in Oklahoma provides legal recognition and protection for couples who choose not to have a formal wedding or obtain a marriage license. It is important for couples to understand the requirements, rights, and responsibilities associated with common law marriage to make informed decisions about their relationship.