Do I need a divorce?

[pmcclure64]

My boyfriend and I have lived together for almost four years in Oklahoma (a common law state)and we have one child together. I do not use his last name, we have never filed joint income tax, and we don't have a joint checking account but I do carry him on my health insurance offered through my employer. Will I have to file for divorce in order to get out of this relationship?

 

[I AM ALWAYS LIABLE]

My response:

Oklahoma
To establish a common-law marriage, a man and woman must (1) be competent; (2) agree to enter into a marriage relationship; and (3) cohabit.

Since, by living in Oklahoma, and having a child out of Wedlock, I would think that you cannot, by any stretch of the imagination be "competent". In that instance, then I would opine that you are not married.

However, if by some Rule of Law you are adjudged to be "sane" and / or "competent", and if you've never "agreed to be married", then you may be "unmarried" on that ground.

To be sure of your competency, and whether or not there was an "agreement", you might consider having a consultation with a local Family Law attorney.

Good luck to you and baby.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-18-2001 at 11:02 PM]