Denver, CO asked in Divorce and Family Law for Oklahoma

Q: I'm here to ask about Oklahoma common law marriage. Do you have to prove all elements for common law marriage?

I had a child with this person. We lived together so I could take care of our child. I never claimed to be married to this person. Everything was under my name. No joint accounts.Throughout the years there have been times where we seen other people physically and sexually; she actually lived with one for a period. I did however claim married and filed jointly for the tax break. Since I filed jointly does this automatically make us married?

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1 Lawyer Answer
Charles Watts
Charles Watts
  • Licensed in Oklahoma

A: Common law is a fact intensive situation. Just one element may or may not be enough to establish it. However the intent of the parties to be a married couple is what has to be established. This is done by the other times such as the filing of taxes, claiming another as spouse on insurance beneficiaries, etc…. You should contact a family law attorney to help.

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