Wagoner County Common Law Marriage does in fact exist and is enforceable as a valid marriage. One of the most famous common law marriages was the union between western lawman Wyatt Earp and Josie Marcus. In fact, even Oklahoma has a long history of recognizing common law spouses. Common Law marriages occur on a regular basis and often people don’t even realize it. If you are considered a party to a Wagoner County Common Law Marriage you have certain rights and obligations as a married couple. If you have questions about your possible participation in a common law marriage, read on.
Common Law Marriages in Oklahoma
Certain factors must exist for a common law marriage to be legally binding. First, you must have a marital reputation in the community. Basically, this means you must be thought of in your community as a married couple. Living together as a couple for many years and even having people question if you are in a marriage or not is a way to prove this element.
Second, you must live together as spouses. This cohabitation element can fulfill when couples share household bills and work, share bank accounts, and even have children. The living quarters can be a house, apartment, or other place.
Third, some sort of declaration that you are spouses or you intend to become spouses must occur. For instance, using terms like “wife” or “husband” to describe your partner may be a valid declaration. Other ways to fulfill this element are the gifting of promise rings, or allowing people to refer to you as spouses without correcting them.
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Legal Rights of Common Law Spouses
Under the law, common law marriages get rights. This is important because it allows common law spouses the same rights as officially married spouses. So, rights to visit each other in the hospital, rights to benefits and insurance, and even rights to inheritance once one spouse passes are all valid.
On the flipside, if a common law marriage breaks up then it must go through a legal divorce process. This will divvy out property, potential alimony, and any custody rights to the separating spouses. However, you must clearly show that you were in a common law marriage in order to require a legal divorce.
Wagoner County Family Law Attorneys
Our Wagoner Family Law Attorneys understand this can be a confusing process. We are here to answer your legal questions and help you walk through the process of common law marriage and common law divorce. Your first consultation is free call 283.7394.
