Guest column: Does Oklahoma recognize common law marriages? Yes, but with proof

Some of the standard Google searches in Oklahoma because it pertains to matrimonial legislation is, “Does Oklahoma acknowledge frequent legislation marriage?” The brief reply is, Oklahoma acknowledges two types of marriage: ceremonial marriage and customary legislation marriage. As lately as 2019, the Supreme Court docket issued a writ of mandamus to an Oklahoma district courtroom choose who had entered a Abstract Order refusing to acknowledge a typical legislation marriage. 

The doctrine of frequent legislation marriage dates again to the frequent legislation of England and has since been modified by the statutes of this nation, and, in flip, Oklahoma. Ceremonial marriage is established by a license, witnesses and a certificates of marriage. Then again, there are a number of parts that are likely to show the existence of frequent legislation marriage: 

1. An precise and mutual settlement between the spouses to be husband and spouse. 

2. A everlasting relationship.

3. An unique relationship.

4. Proved by cohabitation as man and spouse.

5. The events to the wedding should maintain themselves out publicly as husband and spouse. Though Oklahoma Statute §43-7 “Solemnization of marriages” implies that marriage can solely exist by means of formal, witnessed ceremony by a choose or non secular authority and should be filed with the courtroom clerk, the Oklahoma Supreme Court docket affirmed the validity of frequent legislation marriage when it dominated in 2001, in Standefer v. Standefer, {that a} frequent legislation marriage is fashioned when “the minds of the events meet in consent on the identical time,” and that components 2-5 are merely proof to be weighed in contemplating whether or not an precise or mutual settlement to be husband and spouse was established. Within the occasion a typical legislation marriage is disputed, the occasion wishing to determine the existence of a typical legislation marriage carries the burden of proving it utilizing clear and convincing proof. 

For authorized practitioners, some issues that may bolster the institution could be submitting of taxes collectively, having joint checking and financial savings accounts, and holding one another out to be husband and spouse by, for instance, presenting and/or introducing themselves to different individuals locally, comparable to pals, household, church, friends, and many others., as being married to one another. Once more, these will not be dispositive, however they’re contributing components in serving to set up component 1, above, which is an precise and mutual settlement between the spouses to be husband and spouse. 

For individuals involved with establishing frequent legislation marriage, the Court docket of Civil Appeals cleared some issues up when it held that infidelity or non-exclusivity doesn’t cancel a wedding or preclude existence of frequent legislation marriage, and a partner’s failure to claim themselves as husband or spouse on a number of events doesn’t cease that partner from claiming existence of frequent legislation marriage. 

Molly E. Tipton is a household legislation lawyer on the legislation agency of Phillips Murrah.