Rights, Requirements, and Dissolution
Hi there. My name is Jay Bills. I’m the Okmulgee attorney and I’m here to talk to you today about common law marriage. Are you married or are you not married? Do you even know?
During this present age, it’s not uncommon at all for couples to enter into a cohabitation in various ways. The traditional civil marriage ceremony is still a common manner for people to begin cohabitating. Whether it’s male and female, female and female, or male and male, all are legally recognized marriages if a license is obtained in the ceremony performed by a person authorized to do so. Naturally, property acquired after the marriage is marital property, as are the debts, subject to division by the court.
Establishing a Common Law Marriage in Oklahoma
For many years, acknowledgement of common law existed in many states, including Oklahoma. The elements to establish common law marriage are quite simple. Both parties have obtained at least 18 years of age. The parties must be legally able to enter a marriage, single and of sound mind. Both parties must intend or agree to be married to one another. The parties must exhibit their intent to be married, living together as a married couple. And the parties must establish this relationship after 1998.
Once this is achieved, the common law marriage is really no different than the civil ceremony marriage. The harder part than entering a common law marriage may be proving a common law marriage if the couple splits and one does not want to have a fair division of property. The only way to dissolve a common law marriage is through divorce.
Consult with an Experienced Attorney
Is there a time limit for parties to reside together to establish a common law marriage? Do you find yourself in this situation and want to know what your rights are? Call me. Let’s talk. I’m Jay, OkmulgeeAttorney.com. Contact me for a free consultation and guidance on common law marriage in Oklahoma.