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Ask NOT LEGAL ADVICE! Your Own Question
Category: Family Law
Satisfied Customers: 2201
Experience:  Information provided is for entertainment puposes only and is NOT legal advice.
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Is Common Law Marriage between hetrosexuals still

Customer Question

Is Common Law Marriage between a heterosexual man and a heterosexual female still legal in the state of Oklahoma ?
Submitted: 9 years ago.
Category: Family Law
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

Hello and welcome to Just Answer.

Yes, common law marriage is recognized in Oklahoma. Oklahoma case law sets forth a five-part test to establish a common law marriage: An actual and mutual agreement between the spouses to be husband and wife; a permanent relationship; an exclusive relationship; the parties to the marriage must hold themselves out publicly as husband and wife, and; cohabitation as man and wife. 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.

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Disclaimer: Any information given by me is for informational use only and is not legal advice. This is general information and is not intended to be specifically tailored to an individual. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. Persons accessing this response are encouraged to seek legal counsel in their jurisdiction for accurate guidance regarding their individual circumstances.

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Customer: replied 9 years ago.
Thank you Jen, but to be more specific, I have lived with the man whom I concider to be my husband for the last year of 2007. Are we concidered common law married?
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

Thank you for the important information. It would be hard to prove a common law marriage which originated in 2007 and lasted only one year. Generally Oklahoma courts recognize common law marriages only if created before 11/1/98. Oklahoma's laws and court decisions are in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized


Customer: replied 9 years ago.
I thank you for your quick responses and professional answers.