Answering the question do I need a common law divorce in Rogers County is that if you’re common law married you’ll need a divorce to end the marriage. Many times people never give any time to the thought of divorce if they’re in a common law marriage. In fact its not unusual for one of the parties to deny that a common law marriage exists at all. Only after the two split up do they actually spend time thinking about common law marriage and divorce.
What Constitutes a Common Law Marriage in Rogers County
The first thing to realize about common law marriage is that it is a thing. Oklahoma does and has recognized common law marriage for many years. In fact Oklahoma is one of the very few states in the country that recognizes common law marriages. But to be common law married certain factors must exist.
Factors Making You Common Law Married
The law in Oklahoma is clear about common law marriage. Common law marriage does exist in our state. The Oklahoma Supreme Court has ruled many times on its legality and what factors must be in place to be common law married. One of the more recent cases on the matter is Standefer v. Standefer (2001 OK 37, 26 P.3d 104). In this decisions the Court further strengthened the definition of common law marriage in Oklahoma. In this case the Court set out that for a common law marriage to be formed there must be a meeting of the minds between the two parties. The meeting of the minds must be an agreement to be common law married.
Factors For Oklahoma Common Law Marriage
Over the years the Courts have fashioned certain factors that help show the existence of a common law marriage. Although the factors are clear what weight each is given may vary from time to time. Its really more of a weighing of all the factors together that determine if a common law marriage exists.
- The intent of the parties to be married
- The parties must hold themselves out to the world as married
- They must be in an exclusive relationship
- They must be in a permanent relationship
Common Law Divorce in Rogers County
So its easy, if you’re common law married and you wish to end the marriage you’ll have to file a divorce. A common law divorce inst any different than any other divorce or family law case. If you’re married you’re married its that simple. Its not necessary to call the divorce common law as all divorces are procedurally the same.
Divorce Process in Common Law Marriage
The only thing that’s different in common law marriage and divorce is if one one the parties disagrees about the intent to be common law married. In this situation the courts will divide the process into two parts. The first part of the hearing is to determine if the parties are in fact married by common law. After this hearing, assuming that the Judge rules that one exists, the case moves forward. The next part of the bifurcated process moves forward just like any other divorce in Oklahoma. In the event that both parties are agree that they’re married the case moves forward without the need for a separate hearing on common law marriage.
Common Law Marriage Attorneys in Claremore
If you’ve got a family case in Rogers County don’t go it alone. Its clear that if its a family law matter you’re chances of getting what you want are greatly enhanced by the assistance of a solid legal representative. Regardless of the family law problem you have we can help. Get a free and confidential consultation with a Claremore Attorney from Kania Law Office
