In Oklahoma, a common law marriage can be formed without a formal ceremony or marriage license. It happens when two people who are legally able to marry agree in their minds that they are married. Unlike traditional marriages, there are no specific procedures, no requirement to live together, no need to file paperwork, and no obligation to publicly present themselves as husband and wife. The key factor is the mutual intent to be married, which must be proven by clear and convincing evidence if disputed.
Common law marriage is unique because it depends heavily on the parties’ intent rather than formal acts. However, certain actions can strongly suggest the existence of this type of marriage. These include filing joint tax returns as married, owning property together as spouses, sharing bank accounts, listing each other as spouses on insurance policies, using the same last name, or having children together. Documents like tax returns carry significant weight because they are sworn statements to the government and can be used as evidence in court to confirm or dispute the marriage status.
Understanding common law marriage is important because its legal consequences are identical to those of a ceremonial marriage. This means all rights, responsibilities, and procedures, including divorce, apply equally once the marriage is recognized. Oklahoma law does not allow for a “common law divorce,” so a couple in a common law marriage remains legally married until a court orders a divorce or one spouse passes away.
Why Common Law Marriage Can Complicate Your Life More Than You Think
Many people don’t realize that actions they take can unintentionally create a common law marriage. This can lead to serious legal and financial consequences, especially if one party believes they were never married. For example, using the same last name, sharing finances, or filing taxes jointly can be used as evidence that a marriage exists, even if both parties never had a clear agreement. This can affect property rights, inheritance, and eligibility for benefits after the relationship ends or if one spouse dies.
Because common law marriage can be proven by how people live their lives, misunderstandings or assumptions may lead to unintentional legal commitments. It is critical to understand that once a common law marriage is established, it cannot be ended without a formal divorce. This means someone can be legally married without realizing it, potentially causing complications in future relationships or legal matters.
What Evidence Proves a Common Law Marriage in Oklahoma?
To prove a common law marriage in Oklahoma, a person must show clear and convincing evidence that both parties intended to be married. This evidence can include a variety of actions and documents, such as:
- Filing federal or state income tax returns as “married filing jointly”
- Owning property titled as husband and wife
- Sharing joint bank accounts
- Listing each other as spouses on medical or life insurance policies
- Using the same last name
- Having children together
Because tax returns are sworn statements, they are particularly powerful evidence in court. For example, a court might ask, “Were you lying on your Federal Income Tax Return or are you lying to the court right now?” This kind of evidence has been decisive in cases like Oklahoma Dept. of Mental Health v. Pierce, 2012 OK CIV APP 73. A signed document titled “Request for Coverage for Common Law Spouse” was especially persuasive in confirming the marriage status in that case.
How Recent Changes in Oklahoma Law Affect Common Law Marriages
Oklahoma has long recognized common law marriage, but a law change in 1999 raised questions about whether new common law marriages could still be formed. The relevant statute, Okla. Stat. tit. 43 § 5(E). , suggests that new common law marriages might no longer be valid after that date, although this point has not been definitively settled by the courts. The Oklahoma Supreme Court has emphasized that common law rights remain unless a statute clearly changes them, so many still accept that common law marriage can be formed under certain circumstances.
Because of this uncertainty, it is important to consult an experienced marriage lawyer who understands how these laws apply to your situation. They can help clarify whether a common law marriage exists and what legal steps are necessary to protect your interests.
No Common Law Divorce: What Does That Mean for You?
One common misconception is that there is something called a “common law divorce.” Oklahoma law does not recognize this. Once a common law marriage exists, the couple remains legally married until a court issues a divorce decree or one spouse dies. This means that if you think you might be in a common law marriage, you cannot simply end it by separating or stopping the actions that suggested marriage. The legal bond remains intact, which can have serious consequences for property division, child custody, and spousal support.
Additionally, situations involving benefits like workers’ compensation or inheritance can become complicated. For example, a surviving spouse in a common law marriage may have rights to death benefits that a prior spouse could contest. Courts sometimes have to decide who qualifies as a spouse when benefits are involved, as seen in cases like Tatum v. Tatum. This makes knowing your legal status essential to avoid unexpected disputes.
Contact an Oklahoma lawyer Today
Common law marriage can create complex legal situations that impact your rights, finances, and family relationships. If you need legal help, call Wirth Law Office at (918) 879-1685. The team at Wirth Law Office can provide clear guidance tailored to your circumstances. Whether you need to confirm your marital status or protect your interests in a complicated situation, speaking with an Oklahoma lawyer can help you navigate these challenges with confidence.
