"common law" divorce

[lynnrussell7]

What is the name of your state? Oklahoma
I need some answers about common law marriage in Oklahoma. My fiance has moved out & says it is over. When we financed our car, we presented ourselves as married, I signed the papers using his last name and the title & bills are w/his last name. Does that mean that we are married? He took the car when he left and I live in a small town w/my 6 yr old & no transportation. I have heard that since we portrayed ourselves as being married, if he wants to end the relationship, we will have to get a divorce. Please help & let me know if this is true.

 

[Whyte Noise]

Yes, it is. (Shhhhhhhhh IAAL! )

There is no such thing as a Common Law Divorce. Once the marriage takes place, it is as valid as a ceremonial marriage, and the Statutes of the State where the parties reside at the time of the split govern the respective rights, duties and obligations of the parties at that time. However, only you know if you fit in the catagory of being common law married. In Oklahoma, there are 4 requirements for common law marriage...

1.) The man and woman must be 18 years old and single before the common law marriage can begin.

2.) They must live together. (There is no specific length of time.)

3.) They must both agree to be presently married.

4.) They must act in public as if they are married. For example, telling people they are married, signing papers that say they are married, etc. (You using his last name on that car loan, and presenting yourself as married then meet this requirement.)

The only way to end a common law marriage is by death or divorce.