_MICHELLE K. SMITH
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
Attorney at Law, PLLC
1211 N Shartel, Suite 1005
Oklahoma City, Oklahoma 73103
(405) 759-2333
Oklahoma Common Law Marriage FAQ
ANSWERS TO FREQUENTLY ASKED OKLAHOMA COMMON LAW MARRIAGE QUESTIONS Below are answers to questions frequently asked by men and women about common law marriage in Oklahoma. Please remember the answers and the information contained on this web site are based on general facts and might not apply to specific factual situations. In addition, this information is based on Oklahoma law. The laws of other states may differ substantially. The information contained on this web site is not meant to be specific legal advice. Always consult a lawyer to apply the law to your specific facts and state. 1. What is common law marriage and does it exist in Oklahoma? Oklahoma is one of a few states which acknowledge common law marriage. A common law marriage is created when a man and woman (in the state of Oklahoma) reside together with the intent of being married even though they did not file a marriage license and were not ceremonially married. 2. How is a common law marriage proved in Oklahoma? If your spouse denies that you are common law married you will have to prove the marriage existed in court. There is no particular statute regarding common law marriage, instead there is guidance in the case law from cases the Oklahoma judges have ruled on. There are several common factors a judge will consider when determining whether a common law marriage exists including: 1) do the parties hold themselves out as married, 2) are there any joint accounts, joint debts or jointly held property, 3) do the parties file a joint tax return, 4) are the parties in an exclusive relationship 3. Do I have to get a divorce if I am common law married? To end a common law marriage in Oklahoma you must file for divorce through the Oklahoma District Court. This is very important and there may be serious problems if you do not get 'legally' divorced. For example any future marriages would be void and if you die without a Will your ex-spouse may be entitled to your estate. 4. What am I entitled to at the end of a common law marriage? If you end a common law marriage, you are entitled to all the things you would be entitled to at the end of a ceremonial marriage, including an equitable share of all marital assets and debts and possibly alimony. If you are just living together and not common law married you are not entitled to property and/or debt division under the Family Law statutes. You may be entitled to a share of the assets and/or debts, but that would have to be filed in civil court instead of family law court. |
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Michelle K. Smith
Attorney at Law, PLLC 1211 N Shartel, Suite 1005 Oklahoma City, OK 73103 Phone: (405) 759-2333 |