A marriage in Oklahoma is a story, and every good story has a beginning, middle, and end. The scene is set for a marriage when the couple decides to take their relationship to the next level. The story turns when they decide to go through with the actual ceremony. In some cases, there exists another way to tie the knot in Oklahoma. It’s not the usual ceremony that’s involved in standard marriages, and it’s not as easily recognized by everyone. It’s known as a common law marriage.
As an artistic marriage to legal concept, what is Oklahoma common law marriage? Unlike a standard marriage where the couple is wed by a minister or other appointed official, a common law marriages in Oklahoma only requires the man and woman to agree that they are legally married and that they consider themselves married. This declaration of intent is discussed in no specific place, like a marriage couple would have their vows read out in front of their guests at a ceremony. Once they agree that this is their intentions, the couple automatically become legally married in the state they are living in, or the state they move to if their residence was in a different state. At the point where the couple enters the marriage on those terms, they become spouses to one another under the state law and are afforded all of the rights of that status.
Because Oklahoma does recognize common law marriages, it is indeed a state that acknowledges this type of marriage. But what does the art of Oklahoma common law marriage mean for you? Well, depending on how you tell the story and how you want the story to end, it can mean a lot of things for the people involved. Many states have done away with common law marriage and it is easy to see why. The law is extremely difficult to define and enforce. The law tends to favor certainty over uncertainty. A married couple attempts to obtain certainty by having a wedding ceremony that is formalized and expected in our society. A marriage license is obtained from the proper authority and then the marriage is easily maintained. There is no argument made about the content of the marriage. A common law marriage on the other hand, is not as easily captioned.
In Oklahoma, common law marriages were established by the Oklahoma constitution following the Civil War. It was initially created to protect women who had come west after Civil War, and who had been forced to wait a long time before seeing their husbands. To protect those women, their status as common law wives was established under the law of the land. It has been difficult ever since.
Oklahoma law required one of two things in order to establish a common law marriage. The first requirement is that the couple must openly declare to the public or family that they are married. The law does not say that they must enter into a marriage contract. The second requirement is that the couple must reside together. In other words, they must live together in the same home and share common experiences.
These facts are not difficult to prove in Oklahoma. The reality is that once the declaration is made, the law assumes that the couple is married, and it requires the couple to provide some proof of the marriage. If they are challenged in court as to the validity of their common law marriage, they will have to show a reasonable basis for their relationship. That’s why it is essential to write down what your expectations are of one another when entering into a common law marriage. You never know when someone will challenge it later in the future.
Common law marriages have been a part of Oklahoma culture for many years, but the concept has not been without its challenges. One big problem that many people have had with common law marriage laws is two people who entered into the marriage for a single purpose of obtaining a benefit from the state. A great example of this is when a couple tries to obtain a divorce in a state that will allow them to qualify for alimony. The couple separates, but not until after they have entered into a common law marriage. Then, the couple moves to the new state, obtains the divorce, and then moves back to their original state.
While this is an extreme example, it is still a problem that may arise when dealing with a common law marriage. The benefits and problems that Oklahoma marital law tends to be difficult for many people to handle. When you are considering a common law marriage for yourself, talk to an experienced Oklahoma family law attorney. They can help guide you toward the right outcome and help you understand the investment you are making in your legal relationship, even if it is piecemeal at times.
