Do I need to divorce for a common-law marriage in Oklahoma?

Question

In Oklahoma, I have been in a common law marriage since 1991. Although my partner and I separated and lived apart since 2006, we have a child together from 1992, and he also raised my two older children from a previous marriage. We presented ourselves as husband and wife until our separation, but neither of us has remarried, and we don't share any debts. Do I need to go through a formal divorce to legally end this common-law marriage?

Paula Jo Davidson Wood · Answer

If I understand your question, you had a common law marriage back in 1991 but you separated in 2006, nineteen years ago.  You have a child together, but that child is over 30 years old now.  You don't have any joint debts at this time.  You did not state whether you have joint property with him. 
 
Typically people formally dissolve a common law marriage because of custody, visitation and support of minor children, division of joint property and allocation of joint debts.  Sometimes a dissolution is done to access retirement accounts or retirement benefits.  Other complicating factors could be associated with any public assistance you received from the state during your child's minority, or if he filed any joint tax returns with you which have outstanding balances due to the taxing authority.    
 
If you have none of those issues, you both agree to be divorced, and he would cooperate by signing the required pleadings, you could file for an agreed divorce (sometimes called a waiver divorce).  In Oklahoma a waiver divorce can be granted as quickly as 10 days after filing.

James L. Arrasmith · Answer

Yes, in Oklahoma, a common-law marriage is treated the same as a formal marriage once it is established. That means even if you and your partner have been separated for years, the law still considers you legally married until a divorce is finalized. Without a formal divorce, either of you could potentially be liable for certain legal or financial matters tied to marriage. 
 
To legally end the marriage, you would need to file for divorce in court, even if you no longer live together and share no debts. The court will address issues such as property, child custody, and support if applicable, although in your case, some matters may already be settled informally. Simply separating or living apart does not dissolve a common-law marriage in Oklahoma. 
 
Filing for divorce provides legal clarity and protects both parties, particularly regarding inheritance, taxes, and any future legal claims. You can proceed without dispute if both of you agree on terms, but a court order is still required to officially end the marriage. This ensures that the marriage is formally dissolved under Oklahoma law.

Q: Do I need to divorce for a common-law marriage in Oklahoma?