Not all couples who are married choose to get married in a ceremony. Some couples in Muskogee, Oklahoma use the common law marriage method.
So the question of what constitutes a common law marriage in Oklahoma becomes a relevant one, especially if a common law couple is seeking a divorce.
The question of the existence of a common law marriage can also be relevant in other contexts, such as inheritance rights, property rights, and entitlement to benefits.
What Constitutes a Common Law Marriage in Oklahoma?
Oklahoma is one of the states that recognizes common law marriage. By living together for a specified time period under the right conditions, you will be considered married in Oklahoma.
There are certain characteristics that are commonly seen in a common law marriage in Muskogee. These characteristics resemble requirements, but courts tend to look at the entirety of the relationship over time to see if these characteristics were all present.
Often, by the time a court sees a common law couple, it is because one person is asserting that there was no common law marriage and the other person is asserting that a common law marriage exists. The person asserting the existence of the common law marriage has the burden of proving these elements.
In Oklahoma, these elements are as follows:
- You must present yourselves to the public as a married couple.
- You must be legally eligible for marriage, meaning that you must be old enough to marry legally and not already married.
- You must mutually and actually intend to be married. This element addresses the intention and mutual agreement of the parties.
- You must live together as man and wife for a specified length of time, perhaps not “permanently”, but long enough to establish that a relationship akin to marriage exists.
Facts in Support of a Common Law Marriage
Testimony from family and friends regarding the above-named elements is often critical in establishing the nature of the relationship. So are joint tax returns, joint ownership of assets, using the same last name, and adding the other as a beneficiary on life insurance and other financial documents.
The court will look at the totality of circumstances in making its ruling regarding a common law marriage.
Low-cost Consultation: Muskogee Divorce Attorney
If you have concerns about whether you are in a common law marriage in Oklahoma, contact an experienced Muskogee divorce lawyer as soon as possible to protect your legal rights.
Call the Wirth Law Office-Muskogee today at 918-913-0725, or toll-free at 1-888-447-7262 [Wirth Law].
