Does Oklahoma Have Common Law Marriage? A Comprehensive Guide
The question of whether Oklahoma recognizes common-law marriage is a complex one, often leading to confusion. While Oklahoma used to recognize common-law marriages, the state no longer allows for the creation of new common-law marriages. This means that if you weren't already considered legally married under common law before November 1, 2018, you cannot establish a common-law marriage in Oklahoma today. Let's delve into the details.
What is Common-Law Marriage?
Common-law marriage, also known as informal marriage, is a legal union between two people without a formal marriage ceremony or license. To be considered legally married under a common-law system, couples typically must meet specific requirements, usually involving:
- Agreement: Both individuals must clearly and mutually agree to be married.
- Cohabitation: They must live together as husband and wife.
- Public Representation: They must publicly represent themselves as married to others.
The specific requirements and the burden of proof can vary by state. Crucially, as we will see, Oklahoma's stance on this has shifted significantly.
When Did Oklahoma Stop Recognizing New Common-Law Marriages?
Oklahoma's legislature significantly altered its stance on common-law marriage with the passage of Senate Bill 1108 in 2018. This bill effectively ended the ability to enter into new common-law marriages in the state. Any common-law marriages established before November 1, 2018, remain legally recognized. However, those hoping to establish such a union after this date will find it impossible under Oklahoma law.
What if I Was in a Common-Law Marriage Before November 1, 2018?
If you were in a common-law marriage in Oklahoma before November 1, 2018, your marriage is still legally valid. However, proving the existence of such a marriage can be challenging and often requires substantial evidence, including testimony from witnesses, financial records, and other documentation demonstrating the elements mentioned above (agreement, cohabitation, and public representation).
How Can I Prove a Pre-2018 Common-Law Marriage in Oklahoma?
Establishing proof of a pre-2018 common-law marriage can be a complex legal process. Evidence might include:
- Joint tax returns: Filing joint tax returns is strong evidence of a marital relationship.
- Joint bank accounts or property ownership: Shared financial accounts and property demonstrate a cohabitational and marital relationship.
- Witness testimonies: Statements from individuals who witnessed the couple representing themselves as husband and wife are valuable.
- Birth certificates of children: If children were born during the period of cohabitation, the birth certificates might list both parents, further supporting the claim.
- Affidavits: Sworn statements affirming the existence of the marriage can be helpful.
It's crucial to consult with an experienced Oklahoma family law attorney if you need to prove a pre-2018 common-law marriage. They can guide you through the necessary steps and help you gather the required evidence.
What Happens If a Couple Separates After a Pre-2018 Common-Law Marriage?
The dissolution of a common-law marriage, even one established before 2018, follows similar legal processes as a formal marriage dissolution. This typically involves a legal separation or divorce, where property division, child custody, and spousal support are determined by the court. Again, legal counsel is highly recommended to navigate this process.
Is it difficult to prove a common-law marriage in Oklahoma?
Yes, proving a common-law marriage, even one created before the 2018 legislation, can be very challenging in Oklahoma. The burden of proof lies with the individuals claiming the marriage existed, requiring strong and compelling evidence to satisfy the court.
In conclusion, while Oklahoma previously recognized common-law marriages, that ability ceased on November 1, 2018. Anyone seeking to establish a common-law marriage in Oklahoma today will be unsuccessful. Those in pre-existing common-law marriages must understand the legal complexities involved in proving their marriage and seek legal assistance if necessary. This information is for general guidance only and does not constitute legal advice. Always consult with a qualified legal professional for specific legal advice related to your situation.
