Clarifying Misconceptions
Common law marriage in El Reno carries its own set of misintepretations, debunking the notion that it arises after a specific duration. Time is not a defining factor; but other various elements do contribute. Living together for an extended period does not automatically establish a common law marriage.
Individuals involved in common law marriages typically don’t consider themselves single and openly acknowledge their marital status. Despite the informality, ending a common law marriage requires a formal divorce, ensuring equitable division of marital assets and the freedom to remarry. That is when to call an El Reno family attorney from Wirth Law Office – El Reno.
Factors Considered by El Reno Courts in Determining Common Law Marriage
Oklahoma courts assess various factors to ascertain the existence of a common law marriage:
- Legal Capacity: Ensuring both individuals have the legal capacity to marry.
- Mutual Agreement: Determining if there is a mutual intention to be married.
- Permanence: Assessing whether the relationship is intended to be permanent.
- Cohabitation: Examining whether the couple lives together as husband and wife.
- Public Representation: Evaluating whether the couple represents themselves publicly as married.
While sharing a last name, cohabitating, and openly declaring marriage are indicative, stronger evidence includes joint financial accounts, shared tax returns, and jointly held mortgages or property titles.
Ending a Common Law Marriage in El Reno
Unlike regular relationships, common law marriages in El Reno can’t be terminated by a simple breakup. A formal divorce is mandatory, preventing potential bigamy charges. Bigamy, marrying someone else without finalizing a divorce, is a felony in Oklahoma, punishable by one to three years in jail.
State courts determine alimony, child support, and custody during divorce proceedings. In the event of a spouse’s death, proving the common law marriage is crucial for inheritance eligibility.
Oklahoma courts scrutinize fact-bound cases when proving or disproving common law marriages. Attention to details and being able to substantiate claims are crucial. An El Reno family law attorney can assist in crafting a compelling argument and presenting it persuasively.
If you suspect you’re in a common law marriage in El Reno and have legal queries regarding divorce, adoption, fostering, guardianships, or related matters, the attorneys at Wirth Law Office – El Reno can provide invaluable legal insights tailored to your situation.
Call For a Consultation
Navigating the proving process of a common law marriage is difficult, that is why the attorneys at Wirth Law Office – El Reno offer their expertise. Proving or disproving a common law marriage involves intricate details, and your El Reno common law marriage attorneys are dedicated to providing knowledgeable assistance. For a consultation, call (405) 395-2900 or fill out the form on our website.