Do you need a divorce to get out of common law marriage in Oklahoma?

A common law marriage in Oklahoma is viewed the same as a marriage that was established with a ceremony and license. Although a different route may have been taken to initiate it, the same route is required to end it—divorce. Before considering what steps you need to take to end your common law marriage, you should first make sure that it exists. People often say that living together for a certain period constitutes a common law marriage. This is a myth.

In Oklahoma, for a common law marriage to exist, two people must:

• Have agreed to be husband and wife
• Have had a permanent relationship
• Have had an exclusive relationship
• Must presented themselves to the public as being married
• Must have lived together as husband and wife

Usually all of these factors must be proven to constitute that the union exists. Additionally, the marriage must have formed before November 1, 1998.

If your common law marriage is valid and you want out of the relationship, do not expect to get a common law divorce because it does not exist. You will indeed need to obtain a divorce, but it will be subject to the same procedures as any other dissolution of marriage. Issues such as property division, alimony and child custody may all need to be addressed.

Divorce from a common law partner is not a minor matter. Anyone who plans to proceed should first contact an experienced family law attorney.