Is there common law marriage in Oklahoma
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there common law marriage in Oklahoma
Me and my husband divorced in 2010, never
remarried, but did live together until recently.
We have no property to split. Do we have to file
for divorce or anything else?
Asked on November 19, 2018 under Family Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you and your husband have not remarried, then as a general rule you are both still single. So there is no legal reason to file for divorce. Merely living together does not create a marriage (in this instance "common law") unless you also had the legal capacity to marry (i.e. were mentally competent and of age and not already married to someone else), had an actual and mutual agreement to enter into a permanent and exclusive marriage (this must be a current agreement so being engaged or agreeing to get married in the future doesn’t count), and held yourselves out to the community as husband and wife. Merely co-habitating is not enough to form a common law marriage without all of the other requirements being met.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you and your husband have not remarried, then as a general rule you are both still single. So there is no legal reason to file for divorce. Merely living together does not create a marriage (in this instance "common law") unless you also had the legal capacity to marry (i.e. were mentally competent and of age and not already married to someone else), had an actual and mutual agreement to enter into a permanent and exclusive marriage (this must be a current agreement so being engaged or agreeing to get married in the future doesn’t count), and held yourselves out to the community as husband and wife. Merely co-habitating is not enough to form a common law marriage without all of the other requirements being met.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.