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Oklahoma Common Law Marriage

What is Common-Law Marriage in Oklahoma?

According to Oklahoma’s common-law guidelines, a common-law marriage is a marital relationship between two adults who reside together and share responsibilities as a married couple. While state regulations may differ, the Oklahoma guidelines stipulate that common-law marriages must meet the following requirements:

  • The couple must live together.
  • The couple must be mutually responsible for the costs of their basic living expenses
  • The couple must not be related by blood to the extent that is prohibited by law.
  • Each party must be at least 18 years old.

Generally, couples should be able to prove their adherence to the above requirements. To prove a shared residence, the couple must present evidence such as a joint lease, joint deed, or a joint mortgage, clearly stating both parties' names. The couple can also present a driver’s license, utility bill, or passports showing the same address for both parties.

To prove financial interdependence, the couple must provide evidence such as a joint checking account, joint will, or a life insurance policy. Parties may also provide credit cards indicating the same account number with both names, federal tax returns, retirement plans, or pension plans that state the common-law spouse as a beneficiary. Other types of evidence include proof that the couple shared a surname, medical records with partners as next of kin, or third-party testimonies.

Marriage in Oklahoma

In 2019, the rate of marriages in Oklahoma was 6.3 marriages per 1,000 residents, the state’s lowest since 1990. This is higher than the federal average of 6.1 marriages per 1,000 persons. The divorce rate in the state was 3.9 divorces per 1,000, also higher than the 2.7 per 1,000 recorded as the national average.

Does Oklahoma Recognize Common-law Marriages?

Oklahoma recognizes common-law marriages created by couples who meet the state’s requirement. The state also recognizes common-law marriages established in all other states with supporting laws, in compliance with the US Constitution’s Full Faith and Credit Clause. Some cities, such as Oklahoma City, allow a common-law couple to complete a statement of common-law marriage as evidence of the union. The statement also qualifies common-law couples for certain benefit plans offered to married persons in the city. Couples uninterested in traditional or common-law marriages may consider establishing cohabitation agreements.

What is a Cohabitation Agreement in Oklahoma?

A cohabitation agreement outlines the roles and responsibilities of parties in a relationship. These agreements also specify all possible settlement and property division methods to be used if the relationship collapses. In Oklahoma, cohabitation agreements are binding and enforceable on both parties if properly drafted and signed. However, there are situations where cohabitation agreements may be invalid. According to state law, a divorced party cannot establish a cohabitation agreement with a person other than the recently-divorced spouse, within six months from the date on the divorce decree.

Oklahoma Common-law Marriage and Palimony

The state of Oklahoma does not provide for palimony. Palimony is the division of financial assets, liabilities, and real estate properties after the expiration of a romantic relationship where the parties involved were not married. In some states, palimony is imposed at the expiration of a common-law marriage. However, Oklahoma statutes state that common-law marriages must use the same standards and procedures used in a traditional marriage, which allows for alimony, instead of palimony.

What Are the Requirements for a Common-law Marriage in Oklahoma?

For common-law marriages to be recognized in the state of Oklahoma, the following are required:

  • The couple must meet the state’s age requirement.
  • The couple must not be in another marriage
  • The agreement to get married must be mutual.
  • Both parties must cohabit as a married couple and consummate the marriage accordingly.
  • Both parties must intentionally show themselves to their immediate community as married.
  • The couple must be able to prove financial interdependence.

How Many Years Do You Have to Live Together for Common-Law Marriage in Oklahoma?

Oklahoma does not provide a timeframe to validate common-law marriages. The requirements for establishing a common-law marriage in the state include financial interdependence, cohabitation, age, and marital eligibility, etc. If the common-law marriage was established in another state, the union must meet the cohabitation requirement applicable in the state where it was created.

What is an Informal Marriage in Oklahoma?

Informal marriage is the equivalent of common-law marriage according to Texas law. Texas Code Section 2.401-2.405 describes common-law marriages as informal marriages and includes its implications under the law. All valid common-law marriages in Oklahoma are considered valid informal marriages in Texas.

What Does it Mean to be Legally Free to Marry in Oklahoma?

In the state of Oklahoma, persons who are legally free to marry are of marriageable age and fulfill all legal requirements to establish a marriage. Partners must provide consent, be unrelated, and should not be in a traditional or common-law marriage with another person.

What is Intent to Marry in Oklahoma?

An Oklahoma couple’s intent to marry describes the willingness of a couple to get married within the state. This intention may be shown verbally or in a documented form.

How Do You Prove Common-law Marriage in Oklahoma?

Proving an Oklahoma common-law marriage requires showing documents and materials that corroborate the existence of such a union. Generally, there should be documents supporting each of the conditions required for a valid marriage in Oklahoma. For example, couples may show financial interdependence by providing the following documents:

  • Joint mortgage, property tax identification, or tenancy agreement.
  • Joint accounts
  • Joint liabilities
  • Joint ownership of property
  • Documented agreements outlining obligations.
  • Wills, etc.

To show cohabitation, a couple may submit:

  • Proof of residency
  • Identification cards indicating similar addresses

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

How Do You Prove common-law Marriage in Oklahoma After Death?

To prove common-law marriages after death, individuals may provide evidence that the partners met the conditions for such a union. A partner may also prove the existence of a common-law marriage after death by providing a registered will, especially if it contains indications that the surviving party was the decedent’s spouse.

Do Common-law Marriages Require a Divorce?

Common-law marriages may be terminated by divorce proceedings in a District Court. Common-law married couples who do not end their relationship through a divorce may find future marriages impossible. An Oklahoma common-law couple looking to end their union should file for divorce and follow due process until the court issues a divorce decree.

Does a Common-law Wife Have Rights in Oklahoma?

Common-law wives are entitled to all the rights that apply to a formal marriage carried out in the state of Oklahoma, according to Oklahoma State Statute - §43-214. All common-law married partners may enjoy benefits such as the right to claims, custody rights, and visitation rights.

Can a Common-Law Wife Collect Social Security in Oklahoma?

common-law wives are entitled to collect social security benefits if at least 52 years old. Specifically, common-law spouses intending to collect social security benefits must:

  • Reside in a state where common-law marriage is recognized, or have established their relationship in such a state.
  • Ensure that the common-law marriage meets the requirements in the state where it was initiated.
  • Both common-law spouses are required to complete a statement of marital relationship.
  • A statement from a blood relative is also required as an affirmation of the marriage.

In situations where a spouse in the common-law marriage is deceased, the surviving party may provide their own statement of marital relationship, one statement from a blood relative of the surviving party, and two statements from blood relatives of the deceased party. The Social Security Administration may also request additional documents such as bank records, mortgage receipts, etc.

Are Common-Law Wives Entitled to Half in Oklahoma?

Common-law wives are not entitled to half in Oklahoma. Courts conduct property sharing in the most just and equitable way possible instead of distributing properties equally. Before the distribution, family judges consider several factors, including the economic position of both parties, contributions to the marriage, and economic misconduct.

How Do You Get A Common-law Marriage Affidavit in Oklahoma?

Oklahoma common-law couples may complete and sign a statement of common-law marriage before a notary public. Couples may also use this document to support the existence of the union. Couples who established common-law marriages in jurisdictions outside Oklahoma may also request affidavits or similar options in the states of creation.

When Did Common-law Marriage End in Oklahoma?

Oklahoma common-law marriages have not been abolished and are still legal. Couples who meet the state’s requirements for establishing a common-law marriage may create the union and access all relevant benefits.

What is Considered Common-law Marriage in Oklahoma?

A common-law marriage involves a couple that identifies as married, without a formal ceremony to solemnize the marriage. common-law marriages are legal and accepted in the state of Oklahoma, and present a cheaper alternative to conventional marriages.

Does the Federal Government Recognize Oklahoma Common-law Marriages?

The federal government recognizes common-law marriages contracted in the state of Oklahoma as legal. The government also recognizes common-law marriages created in other states, such as South Carolina, Texas, New Hampshire, Utah, Rhode Island, Kansas, Iowa, Montana, and Colorado.