Understanding the Basics of Common-Law Marriage
Hello, this is Tulsa family law attorney Brian Carter with the Wirth Law Office. In this video, I’m going to talk about what a common-law marriage is.
Legal Requirements for Common-Law Marriage in Oklahoma
In Oklahoma, common-law marriage is recognized. First, the parties must be legally able to marry each other—meaning they are of legal age and not married to someone else. There are, of course, some additional considerations as well.
Another factor courts look at is whether the parties hold themselves out as being married. This can be demonstrated in various ways, such as using the same last name, referring to each other as husband and wife, filing joint tax returns, commingling assets, or owning property together.
Evidence and Cohabitation Requirements
The parties must also agree that they are married or intend to be married. This agreement doesn’t have to be formal or in writing; it can be demonstrated through their actions. In addition, the parties must live together or cohabitate. While there is no strict time requirement, cohabitation is an important consideration.
Legal Implications of Common-Law Marriage
As mentioned, there is no requirement for a written agreement to establish a common-law marriage. The factors I’ve listed can be used to prove its existence if it is ever challenged. Once a common-law marriage is established, the couple is considered legally married just like those who obtained a marriage license. As a result, any divorce or child custody matter would proceed just as it would in a traditional marriage.
Contact Us for a Low-Cost Initial Strategy Session
Again, I’m Tulsa common law marriage attorney Brian Carter with the Wirth Law Office. You can reach us at 918-879-1681 or at WirthLawOffice.com. Thank you.
