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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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If a marriage license in okla hasn't been filed in 30 days

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If a marriage license in okla hasn't been filed in 30 days will the couple have to file for a divorce or are they not legally married
Submitted: 1 year ago via USmarriagelaws.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. They'll have to still get a divorce, but that has nothing to do with the license. Oklahoma is among a handful of states that still recognize non-ceremonial marriages, also referred to as “common-law marriages.” These marriages are formed through the consent of the parties who enter into the marriage, but they do not meet all the state requirements, such as a license or ceremony. Oklahoma courts rely on a well-established test which includes the following elements:both parties to the alleged common-law marriage must have the legal capacity to enter into the marriage (they must be of sufficient age and not married to anyone else)there must be an actual and mutual agreement between the parties to enter into a permanent and exclusive marriage (this must be a current agreement; being engaged or agreeing to get married at some point in the future doesn’t count.)there must be cohabitation as man and wife or consummation of the marriage, andthe parties must hold themselves out to the community as husband and wife.So even if there was no license issued or ceremony, the actions of the parties likely made them enter into a common law marriage, which would make them married and would require a divorce. Even without common law marriage, though, this would merely be a "procedural" issue. The law imposes a penalty for the violation of the act ("Any person violating this act shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed Twenty-five Dollars ($25.00) for the first conviction, and for any second or subsequent conviction by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00)." There's nothing that indicates that a marriage is not effective if the license is not returned within 30 days. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacEsq replied 1 year ago.
Should I continue to await your response, or may I assist the other customers that are waiting?
Expert:  ScottyMacEsq replied 1 year ago.
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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