It can be confusing to figure out the difference between common law and legal marriage. Oklahoma stands as one of the few states in the U.S. that recognizes common law marriages. Although similar in many respects to legal or ceremonial marriages, common law marriages in Oklahoma have distinct differences. This includes their own set of advantages and disadvantages. This article aims to delineate these differences, as well as explore the pros and cons that associate with each type of marriage in Oklahoma.
Common Law Marriage in Oklahoma
Common law marriage in Oklahoma does not require the formalities of a license or even a ceremony. Instead, it is on the basis of the behavior and mutual agreement of the couple. To be recognized, both parties must:
- Be of legal age and consent to marry;
- Not be in a legal marriage at the time;
- Present themselves as a married couple to the public; and
- Intend to be married.
Proof and Legal Status:
Proving a common law marriage can be challenging. This due to it relying on documentation, such as joint bank accounts, lease agreements, or even testimonies from friends and family. Once it’s established, however, common law spouses are usually afforded the same legal rights and obligations as those in a legal marriage. It’s important to note that most people who claim common law marriage do so as a necessity more than a desire. This can be due to wanting to claim benefits afforded to married couples, right of survivorship, or to seek a legal divorce after a split. As with most legal issues, there are pros and cons to going this route:
Advantages:
- Flexibility: Couples can enter into a marriage-like relationship without the formalities of a wedding.
- Recognition of Long-term Relationships: Couples who have lived together and presented themselves as married can have their relationship recognized legally.
- Separation: Leaving the relationship is easier than with legal marriage, because the need for a divorce isn’t usually necessary. It can become a need if there is a dispute regarding splitting assets, but ultimately not a legal requirement.
Disadvantages:
- Proof of Relationship: Establishing the existence of a common law marriage can be complex and requires substantial evidence.
- Legal Ambiguities: The absence of formal documentation can lead to disputes. This particularly happens in the event of separation or inheritance issues. It can be very hard to prove you were common law in order to divide assets or have the right of survivorship in these instances.
Legal Marriage in Oklahoma
Legal marriage in Oklahoma involves obtaining a marriage license from a county clerk and often having a formal ceremony. This is usually conducted by an authorized person (e.g., a religious clergyman, judge). The process includes:
- Meeting age requirements;
- Not being currently married; and
- Fulfilling the state’s waiting period after obtaining the license.
Legal Recognition and Documentation:
Legal marriages are pretty straightforward. This is due to their lawful recognition, which is backed by a marriage certificate. This serves as undeniable proof of the marital relationship. Just like with common law, there are advantages and disadvantages to legal marriage.
Advantages:
- Clear Legal Status: The marriage certificate provides clear evidence of the marriage, simplifying legal processes such as inheritance, property rights, and adoption.
- Wider Recognition: Legally married couples are recognized not just statewide but also federally and internationally.
Disadvantages:
- Formal Process: The process requires time, money, and adherence to legal formalities.
- Divorce Process: When it comes to separation and divorce, there is a requirement for legal proceeding, unlike with common law marriage.
- Public Record: Marriages are a matter of public record, which might not be desirable for all couples.
See more at that Wagoner Attorneys Blog
Comparison and Conclusion
While both common law marriage and legal marriage in Oklahoma offer similar legal standings to couples, the path to these relationships and their implications can vary significantly. Common law marriage provides a non-ceremonial route to marital recognition, valuable for couples seeking simplicity and those who have long-standing relationships. However, the lack of formal documentation can lead to complications, particularly in legal disputes. Conversely, legal marriage offers couples a straightforward way to establish their marital status. This can be particularly beneficial in legal, social, and financial contexts. However, it requires more upfront effort and adherence to specific legal requirements.
Couples in Oklahoma should carefully consider their circumstances when choosing between common law marriage and legal marriage. In either case, consulting with a legal professional can provide valuable guidance. Our Wagoner Family Attorneys will help ensure that your rights and responsibilities are fully understood and respected. Call us today and get a free consultation at (918) 283-7394 or contact us online.
