Common law marriage has existed in Oklahoma at least since statehood. And for at least that long, the legal definition and how it is created has been confused.
There has been a small but persistent minority trying to abolish common law marriage in Oklahoma for many years. In 2005, a bill failed in the Oklahoma legislature that would have formally eliminated common law marriage; only marriage through the courthouse would have been allowed.
It can be wickedly difficult to prove a common law marriage, particularly if one is trying to so after one spouse has passed away. The widely-held perception that a common law marriage requires 7 years of co-habitation is incorrect; there is no time limit. But some of the factors that one does have to prove are:
1 The couple had to be legally competent to be married;
2 The couple had to agree to be husband and wife.
3 The couple has a permanent relationship.
4 The couple has an exclusive relationship.
5 The couple lives together as husband and wife.
6 The couple publicly considers themselves to be husband and wife.
It is a tall order to be sure to prove all of this. Now, what Common law DIVORCE? I will save that for another post.
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