Another Gem said:
I was wondering what the law is in the state of Oklahoma for a Common law marriage? Have been living together 7 months and she has been using my mailing address. She had just gotten a divorce 2 months in the 7 months that we were living together. She changed her last name back to mine.
Are we then called Common law married? I check out our local library but I did not have any luck. She also tried to hurt herself because I wanted a divorce. If we are common law married can she have the judge stop the divorce?
My response:
Oklahoma is one of 12 States and the District of Columbia that allow the creation of marriage by common law within their borders. A common-law marriage is one in which there is no ceremony or marriage license. The parties must be capable of contracting marriage, and with the opposite gender. A common law marriage requires an actual agreement by the two people to act as husband and wife. The agreement may be by words or conduct.
There must also be a "holding out" of the marital status. This means that the parties must represent themselves as married to others, such as using the same name, calling each other "husband" or "wife", opening joint accounts or contracting joint debt, filing a joint tax return, etc.
If there is a disagreement as to whether or not the parties are married, the person alleging that a marriage exists must prove the marriage by clear and convincing evidence. If the relationship is not initially a common law marriage, because of a lack of contract capacity, the common law marriage may still be created if the couple continues the "marital" relationship after the contract defect is removed.
The Common Law marriage can be terminated in the same way a ceremonial marriage can be terminated--annulment, divorce or death. The only difference between a ceremonial marriage and a common law marriage is the method of creation of the marriage itself. Once created, there is no difference between the ceremonial marriage and the common law marriage whatsoever.
IAAL
