Q&A WITH ROBERT K. CAMPBELL
Common law marriage issues are not simple
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.