What is a Common Law Marriage?
When a couple is not formally, legally married, but carry on a relationship that has the characteristics of a marriage, courts in Oklahoma may consider the status of a couple to have been bound to a “common law marriage.”
With a Common Law marriage certain rights and obligations will arise for the couple just as occurs with a marriage that is established in a typical manner. The issue of whether a Common Law marriage relationship between two people usually arises in the context of determining how a court should handle a split in the relationship or the death of one one of the partners with regard to children and assets.
How is a Common Law Marriage Established?
Courts in Payne County will consider numerous factors in determining whether a relationship is tantamount to a Common Law marriage, for example: duration of the relationship, how the relationship was represented to other parties, the intent of the parties, their living arrangement, and their financial ties. Courts may find that the parties are engaged in a Common Law marriage, with all the related rights and obligations, even in cases where one party did not intend to have the relationship become legally binding like a marriage.
It cannot be taken for granted that a couple who lives together over an extended period of time without legally marrying is necessarily not considered to be bound through a common law marriage. If you are ending a relationship with a long-term partner, whether you were formally married or not, you should consult a Stillwater attorney to help determine how a court will view the matter in relation to your home, vehicles, financial assets including retirement, pension and other benefits, and in relation to relationships with children of the relationship.
The Wirth Law Office – Stillwater offers free phone consultations with a Stillwater common law marriage attorney by calling (405) 673-1600. Bring your questions and concerns to us.
Consult a Stillwater Common Law Marriage Attorney
This can be a tumultuous and difficult time. Not only do you have all of the emotional issues associated with the end of a relationship, but you also have to deal with the legalities surrounding the existence of your marriage and a formal divorce proceeding.
Marriage affects almost every aspect of our adult lives, from children to retirement planning to the purchase of a family home. All of these issues can be made more complicated by a common law marriage.
We at the Wirth Law Office – Stillwater want to help you with your common law marriage needs and concerns. You can get a free consultation with an experienced Stillwater common law marriage attorney. Simply call (405) 673-1600.