Common-Law Marriage: Understanding Your Legal Status
Are you unsure whether you are common-law married? My name is Carl Burkett. I’m a family law attorney in Tulsa, Oklahoma and I would like to go over the elements of common-law marriage and how to prove or disprove one. The elements of common-law marriage are pretty simple. The big test is to prove whether or not there was a meeting of the minds that both sides were married.
For example, let’s say John Doe and Jane Smith are living together. They file taxes together. They may have a couple of kids together, even though kids aren’t really necessary for it. Let’s say they go on vacation and try and sign themselves in as John and Jane Smith, things like that. Things like that where they hold themselves out to the public at large as having been married.
Proving Common Law Marriage
If there are friends that can come in and say, Yeah, they introduced themselves to us as husband and wife, or if there are co-workers who say, Yeah, I’ve always known John’s wife. She’s great, then this can help prove a common-law marriage. However, if there was never a meeting of the minds, then there was no common-law marriage.
In a recent case I handled, the other side filed for divorce claiming common-law marriage, but my client claimed they were never married. After investigating, it was found that there was no evidence to support the common-law marriage claim. Family or friends were not willing to step up and say they were holding themselves out as husband and wife. The issue of infidelity also played a role in the case, as it was believed that if you truly believed yourselves to be married, you wouldn’t be unfaithful.
Consultation and Next Steps
Ultimately, it comes down to what actions you have taken to establish and present yourselves as a married couple. If you believe you may be in a common-law marriage and have questions about it, please feel free to reach out to a common law marriage lawyer in Tulsa. You can find us at makelaweasy.com or contact Wirth Law Office at 918-879-1681. My name is Carl Burkett, and I am here to help you navigate through this legal process.
