Oklahoma state common law marriage

Did you file your tax returns jointly?

Oklahoma Cohabitation Agreement - Living Together| US Legal Forms

Did you and your significant other share the same last name? Did you present yourself publicly as married?


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These are factors that will go straight to the heart of your common law status. To get answers to difficult questions, call our office at and speak with an attorney. Or contact us online to schedule a free consultation.

What is Common Law Marriage?

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Facts About Oklahoma Common Law Marriage Oklahoma is among the few states that still recognize common law marriage, but it is a complicated issue that is not always easy to explain, except to say that just living together for a long time is not enough. If You Think You Are Married, Then You May Be One of the primary standards for determining common law marriage is whether you agreed to assume a marital relationship and held out to the public that you were married. Typically, if you are simply living with your significant other, you probably are not common law married.

Okla. Family Law: Do I have to divorce my live-in boyfriend/girlfriend?

A: The concept of being common law married seems simple enough; yet, it is a highly litigated area in divorce and probate matters. Because of this, there are certain elements the courts will consider when determining the formation of a common law marriage. The elements include: an actual and mutual agreement to be spouses; a permanent relationship; an exclusive relationship; cohabitation as spouses; and holding themselves out to the public as married.

Q: Is there any one piece of evidence that will determine a common law marriage? A: No.

Common-law marriage in the United States

You never know what piece of evidence will convince a court that a couple is either common law married or not. Evidence can include, but is not limited to, tax returns, holiday and anniversary cards, deeds, insurance forms, rings, family holiday pictures, social media posts, name tags, and estate planning documents.

Tax returns are very helpful pieces of evidence, because whether the parties file as a married couple or as single persons, they are attesting to their marital status to the government under penalty of perjury. A common law marriage must be dissolved by obtaining a Decree of Dissolution of Marriage; there's no such thing as a common law divorce. Paula Burkes has nearly 40 years' experience writing and editing award-winning material, including since early with the business desk of The Oklahoman.

After earning a journalism degree from Oklahoma State University in , Paula wrote for Log in or subscribe to read and leave comments.