Common Law Marriage in Oklahoma was quite a controversial topic. Common law marriage in Oklahoma or any other state where it is valid is an option to live together for couples legally. Common law marriage is a legal certification for couples that had non-ceremonial marriages. Non-ceremonial marriages occur when the parties enter into the marriage but do not meet all the state requirements like a license of marriage or a wedding ceremony. It is also known as sui juris marriage, informal marriage or irregular marriage. It is an arrangement for couples living together to get the legal title of a married couple.
Oklahoma common law marriage or common law marriage in Oklahoma is usually needed at the time of divorce. If a spouse wants to file a divorce and wants the division of alimony and assets but the other half does not want the division then they can deny from the fact that they had a common law marriage. Property issues or inherent from early marriage that come up to the spouse whose significant other has died but was related to the inherent can be an issue that can be resolved by giving the evidence of a common law marriage in Oklahoma.
How Is A Common Law Marriage In Oklahoma Established?
Whether a couple is in a common-law marriage or not arises as a question when couples married under common law marriage in Oklahoma wish to get a divorce. It may also be considered in case of a spouse in a common law marriage dies, leaving the significant other inherent of all the property and assets. Read along to know what establishes a common law marriage in Oklahoma.
If a couple is married under the common law marriage in Oklahoma then they must possess the capacity of entering a marriage legally. This means that both the parties entering an Oklahoma common-law marriage are supposed to be of sufficient age. They should also not be married to someone else while entering the common-law marriage in Oklahoma.
The parties should be in the marriage only when there is actual and mutual agreement into a permanent and exclusive marriage. If a couple who is only engaged or is planning to get married in the future at some point applies for the Oklahoma common-law marriage then their application will be nullified. This is only for couples who intend to live together but have not had a ceremonial wedding.
The couples applying for common-law marriage in Oklahoma are only eligible if they live together as man and wife. Cohabitation and consummation of the marriage are necessary for the couples to be eligible for the Oklahoma common-law marriage. Also, the couples applying for this program should hold themselves out in the community as husband and wife. Only then they would be eligible for the program. Anyone who wishes to prove that they were a part of this program is required to fulfill all these criteria. If any of these criteria are unmet then the claim won’t be passed.
If you succeed in proving that you and your significant other were in an Oklahoma common law marriage then you would be able to make divisions of the alimony as well as the assets. If your spouse has died and you are to inherit the property then you would be needed to fulfill these criteria. If your spouse had a child or children from their earlier marriage then they might get you to come to the court to settle the matter of division of property. At that time, being a part of this program can help you out.
After fulfilling these criteria one would be required to give hardcore evidence to prove the establishment of common-law marriage in Oklahoma. The question of evidence to prove the viability of the common law marriage in Oklahoma often arise when the couple wants to part ways or a spouse dies. The answer to this dilemma is provided ahead. Tag along to know more about Oklahoma’s common law marriage.
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Evidence Required To Prove An Oklahoma Common Law Marriage
Generally, the social conduct of the couple proves to be the greatest evidence of an Oklahoma common law marriage. Yet, if this is not convincing enough then the court might as for other evidence like the ones discussed below.
The evidence that the couple has lived together for a long period of time is major evidence to prove the common-law marriage. Joint income tax returns or joint accounts opened with the inclusion of names of both the parties is also evidence. Assets bought together or debts borrowed together are evidence enough to prove the marriage. Car loans or other loans that might have names of both the parties on can prove to be evidence of the Oklahoma common law marriage.
Life insurance policies and retirement plans or pension plans that house the common law spouse as a beneficiary can also be counted as evidence. Using the other common-law spouse’s last name or medical records which state the common-law spouse as next of kin can be provided as evidence when asked by the court. Statement from a third party regarding the couple and how they introduce each other in the community and at social events is solid evidence to prove your Oklahoma common-law marriage.
Other material things like cards, presents, or proof of celebrations of the anniversary, birthday or any other social event including the applicants as a couple is good enough to prove the eligibility for Oklahoma common law marriage. Written notes or other proof writings addressed to each other or any piece of writing has the use of words like husband and/or wife also prove to be evidence for the Oklahoma common-law marriage.
Other proofs of Oklahoma common law marriage can be family photos of the couple wearing wedding rings or photos of the couple being together as a couple. States apart from Oklahoma that approves the common-law marriage are: Alabama, Colorado, Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah.
Common-law marriage is a unique program that is eligible only in a few states of the United States of America. A common law marriage is no different from traditional marriage. A common law marriage is treated just the same as a traditional marriage in all the other states of the United States of America even if it is not viable in those states. If you want to get a divorce then they would have to go through the same process as getting a divorce at a traditional wedding. Even if a couple has entered the Oklahoma common law marriage move to another state and wishes to part ways then they would still have to go through the process of divorce entirely.
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The common law marriage in Oklahoma is a unique, controversial act that allows the couples who live together to be legally certified as a married couple. The Oklahoma common law marriage does not come into action throughout the course of a marriage but only when a spouse dies or the couple decides to part ways. If a couple does not have a ceremonial wedding due to some reasons then the common-law marriage in Oklahoma provides the legal status of a married couple to couples like these. For further information, you can contact your lawyer or attorney. They would provide you not only the required guidance but also the knowledge about the entire process.
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