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


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.

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