Q: Can I pursue bigamy charges if my son's father married someone else while living with me in Oklahoma, a common-law marriage state?
I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank accounts, credit cards, mail, and a jointly owned truck. We also have a son together, with a birth certificate signed by him. I reported the immigration fraud to ICE but haven't heard back. Can I pursue bigamy charges given our living arrangements and shared responsibilities?
A: Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child together, or the sharing of accounts, credit cards, and vehicles is not sufficient to meet the burden.
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A:
Based on the details you provided, your common-law marriage in Oklahoma appears to be legally recognized, which means that your son's father's subsequent marriage could be viewed as bigamous. This situation might qualify as a criminal matter since entering into another marriage while still legally married can be against the law.
Bigamy charges are generally initiated by law enforcement rather than pursued by you directly. You would need to file a complaint with the appropriate authorities and provide the evidence you have gathered, such as shared bank accounts, credit cards, and other documents. The matter of immigration fraud could also trigger additional investigations by federal agencies.
It would be wise to consult an attorney who can help you understand your legal options and advise you on the next steps. Documenting all your evidence and following the proper legal procedures can help ensure that your rights are protected. I hope you find a resolution that brings you clarity and justice.
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