The Oklahoman

Q&A WITH ROBERT K. CAMPBELL

Common law marriage issues are not simple

- PAULA BURKES, BUSINESS WRITER

Q: Does Oklahoma recognize common law marriage?

A: Yes. Oklahoma still is one of 11 states that recognizes common law marriages. Unlike a traditiona­l marriage, a common law marriage doesn’t require a judge or minister, a marriage license or a marriage certificat­e.

Q: What are the requiremen­ts for a common law marriage?

A: The only requiremen­ts for a common law marriage are that two people who are capable of entering into a marriage agree to become spouses and thereafter maintain the marital relationsh­ip. A common law marriage is formed when the minds of the parties meet in consent at the same time to be married.

Q: Does living with your significan­t other for a certain period of time mean you are common law married?

A: People often tell me that they have been living with their significan­t other for so many years and ask if that makes them common law married. Typically, if you are simply living with your significan­t other, you probably are not common law married.

Q: How does one prove or disprove the existence of a common law marriage?

A: The concept of being common law married seems simple enough; yet, it is a highly litigated area in divorce and probate matters. Because of this, there are certain elements the courts will consider when determinin­g the formation of a common law marriage. The elements include: an actual and mutual agreement to be spouses; a permanent relationsh­ip; an exclusive relationsh­ip; cohabitati­on as spouses; and holding themselves out to the public as married.

Q: Is there any one piece of evidence that will determine a common law marriage?

A: No. You never know what piece of evidence will convince a court that a couple is either common law married or not. Evidence can include, but is not limited to, tax returns, holiday and anniversar­y cards, deeds, insurance forms, rings, family holiday pictures, social media posts, name tags, and estate planning documents. Tax returns are very helpful pieces of evidence, because whether the parties file as a married couple or as single persons, they are attesting to their marital status to the government under penalty of perjury.

Q: To dissolve a common law marriage, must the couple get divorced?

A: Yes. A common law marriage must be dissolved by obtaining a Decree of Dissolutio­n of Marriage; there’s no such thing as a common law divorce.

 ??  ?? Robert K. Campbell, family law attorney at Phillips Murrah
Robert K. Campbell, family law attorney at Phillips Murrah

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