Many Oklahoma residents are surprised to learn that if a valid common law marriage exists, trying to end the relationship generally requires the same legal process as ending a traditional ceremonial marriage. Simply moving out, separating, or agreeing that the relationship is over does not automatically terminate a common law marriage under Oklahoma law. As a result, individuals in Tulsa who believe they were involved in a common law marriage should be careful before assuming they are legally single.
Does Oklahoma Recognize Common Law Marriage?
Although Oklahoma no longer encourages the creation of new common law marriages, Oklahoma courts have historically recognized them when certain legal requirements are met. Whether a common law marriage exists depends upon the facts and circumstances of each case.
Generally, the party claiming a common law marriage must prove that the parties intended to be husband and wife, held themselves out to the public as married, maintained a permanent relationship, and otherwise conducted themselves as a married couple.
Because there is no marriage license or wedding certificate in a common law marriage, disputes frequently arise regarding whether a valid marriage was ever created.
If We Were Common Law Married, Do We Need a Divorce?
Yes. If a court determines that a valid common law marriage exists, the marriage can only be terminated through divorce, annulment, or the death of one of the spouses.
Many people mistakenly believe that because there was no formal wedding, there is no need for a formal divorce. Oklahoma law generally treats a valid common law marriage the same as any other marriage. Once established, the parties acquire legal rights and obligations that cannot simply be abandoned by agreement.
Without a divorce decree, issues involving property ownership, debt allocation, inheritance rights, retirement benefits, and future remarriage may become complicated.
What Happens if One Party Denies the Marriage Existed?
This is one of the most common issues in common law marriage cases. Frequently, one party claims a marriage existed while the other denies it.
In those situations, the court must first determine whether a valid common law marriage was created before addressing the divorce itself. Evidence may include:
- Tax returns.
- Joint bank accounts.
- Property ownership records.
- Insurance policies.
- Testimony from family members and friends.
- Documents identifying the parties as husband and wife.
- Social media posts and public representations.
The party claiming the marriage generally bears the burden of proving its existence.
Why Is a Divorce Important?
Obtaining a divorce can provide legal certainty and protect both parties moving forward. Through the divorce process, the court can determine:
- Whether a common law marriage existed.
- How marital property should be divided.
- Responsibility for debts.
- Child custody and visitation.
- Child support.
- Alimony, when appropriate.
Without a court order resolving these issues, disputes can continue for years after the relationship ends.
Can I Remarry Without a Divorce?
If a valid common law marriage existed, remarrying without first obtaining a divorce may create significant legal problems. A person cannot legally enter into a new marriage while still married to another person.
For this reason, individuals who have questions about whether they were common law married should seek legal advice before remarrying.
Common Law Marriage and Probate Issues
Questions regarding common law marriage frequently arise after one party dies. A surviving partner may claim inheritance rights as a spouse, while other family members dispute the existence of the marriage.
Establishing whether a common law marriage existed can therefore affect not only divorce proceedings but also probate and estate administration matters.
Contact a Tulsa Divorce Attorney
Determining whether a common law marriage exists, and how to end it, can be legally complex. If a valid common law marriage was created, ending the relationship generally requires a divorce just like any other marriage. Our team of family lawyers at Tulsa Family Lawyers Group can guide you through the process. Call us at 918-742-3555 or click here to ask an online legal question.
