Is there common law marriage in Oklahoma

Me and my husband divorced in 2010, never
remarried, but did live together until recently.
We have no property to split. Do we have to file
for divorce or anything else?

Asked on November 19, 2018 under Family Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you and your husband have not remarried, then as a general rule you are both still single. So there is no legal reason to file for  divorce. Merely living together does not create a marriage (in this instance "common law") unless you also had the legal capacity to marry (i.e. were mentally competent and of age and not already married to someone else), had an actual and mutual agreement to enter into a permanent and exclusive marriage (this must be a current agreement so being engaged or agreeing to get married in the future doesn’t count), and held yourselves out to the community as husband and wife. Merely co-habitating is not enough to form a common law marriage without all of the other requirements being met.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you and your husband have not remarried, then as a general rule you are both still single. So there is no legal reason to file for  divorce. Merely living together does not create a marriage (in this instance "common law") unless you also had the legal capacity to marry (i.e. were mentally competent and of age and not already married to someone else), had an actual and mutual agreement to enter into a permanent and exclusive marriage (this must be a current agreement so being engaged or agreeing to get married in the future doesn’t count), and held yourselves out to the community as husband and wife. Merely co-habitating is not enough to form a common law marriage without all of the other requirements being met. 


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