If I divorced years ago, reconciled, then had a child but did not remarry, are we considered married?

Asked on November 13, 2012 under Family Law, Oklahoma

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The birth of a child does not automatically make a couple "married."  Some states do recognize common law marriages, but those states require, at a minimum, an agreement to be married.  So if you don't have an agreement to be married then you won't be considered married in a common law state.  Some states only recognize formal or legal marriages and, thus, do not recognize informal marriages.  Oklahoma is one of the states that do not recognize common law marriages.  However, if you do want orders in place regarding the custody of the child, then you would need file a custody suit. The process is similar to filing for divorce, except the issue will be setting up a parenting plan regarding the child, instead of a dissolution of a marriage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.