Oklahoma case law sets forth a five-part test to establish a common law marriage: (1) An actual and mutual agreement between the spouses to be husband and wife; (2) A permanent relationship; (3) An exclusive relationship; (4) The parties to the marriage must hold themselves out publicly as husband and wife, and; (5) Cohabitation as man and wife.
The party asserting a common law marriage must prove all of these elements by clear and convincing evidence. This can be done with evidence such as joint income tax returns, joint financial accounts, jointly held assets, joint credit, medical records, insurance records, introductions and comments to third parties, hotel receipts, and any number of other sources. If clear and convincing evidence is missing as to any part of the above referenced test, the claim of a common law marriage will fail. Obviously, each common law marriage case is determined on its own facts.
Oklahoma Common Law Marriage Affidavit With Spouse
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How to fill out Affidavit Of Common Law Marriage In Oklahoma?
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There's no specific period of time a couple has to be together before a common law marriage might be considered valid in Oklahoma.
I certify the person listed as my spouse and I have an actual and mutual agreement between ourselves to be married, this is a permanent relationship, and our relationship is exclusive, as proven by our cohabitation as spouses. We do hereby hold ourselves out publicly as married.
The Oklahoma family law implications of filing taxes separately but married in a common law marriage, however, are the same as if you filed jointly. When you both agree to file a tax return listing your status as married, you might be as good as married for many legal purposes.
Common law marriage requires the parties to agree they are married, and they must consent to this agreement at the same time. It also requires the parties be in a permanent exclusive relationship and that they cohabitate and hold themselves out publicly as husband and wife.
There is no minimum time period of living together, and parties cannot simply wake up and find themselves married by virtue of their cohabitation. Common law marriage requires the parties to agree they are married, and they must consent to this agreement at the same time.