Why Overlooking Your Common Law Marriage Can Lead to Serious Legal Trouble
In Oklahoma, marriage isn’t always about a formal ceremony or a marriage license. Common law marriage is legally recognized when two people live together, agree to be married, and present themselves as spouses to the community. This means that even without a formal license, a legally binding marriage can exist. However, unlike formal marriages, ending a common law marriage isn’t as simple as filing paperwork — Oklahoma does not recognize common law divorce. Instead, these marriages can only be ended by death, annulment, or a court-ordered divorce. Okla. Stat tit. 43 § 5(E).
If you remarry without legally ending a prior common law marriage, you risk being charged with bigamy. Oklahoma law makes it a crime for anyone still legally married to one person to marry another. This applies equally to formal and common law marriages. Okla. Stat tit. 21 §§ 881–884. The penalties for bigamy can include imprisonment for up to five years, fines, and a void second marriage.
The Legal Weight of a Common Law Marriage in Oklahoma
Oklahoma courts recognize a common law marriage when “the minds of the parties meet in consent at the same time.” Evidence like living together, referring to each other as spouses, and community recognition can prove the existence of such a marriage. Standerfer v. Standerfer, 2009 OK 86. The burden is on the person claiming the marriage to show clear and convincing evidence of this relationship.
Even if you thought your relationship wasn’t “official,” the law can see it differently. Because Oklahoma courts treat common law marriages as valid, trying to marry someone else without legally ending that marriage puts you at risk. Importantly, an attempted bigamous marriage is considered void from the start, meaning no legal marriage exists with the second spouse. Okla. Stat tit. 21 § 881. This can leave the parties without access to divorce courts and create complicated legal and personal problems.
Bigamy Charges and Their Consequences
Bigamy is a criminal offense in Oklahoma. Marrying another person while still legally married is punishable by up to five years in prison. Okla. Stat tit. 21 § 881. Additionally, knowingly marrying someone who is already married can result in up to one year in jail and fines. Okla. Stat tit. 21 § 884. These laws are designed to protect the sanctity of marriage and prevent fraudulent or deceptive relationships.
The criminal implications can also bring emotional and financial hardship, including damage to personal relationships and employment. Even if the second marriage was entered into innocently, ignorance of a prior common law marriage is not a defense. That’s why understanding your legal status before attempting to remarry is crucial.
How Tulsa Attorneys Can Help Protect Your Future
Determining whether a common law marriage exists and properly ending it can be complex. A skilled attorney can help review your situation, gather the necessary evidence, and guide you through the legal steps to avoid bigamy risks. For those who have questions about the status of their relationship or need to dissolve a common law marriage, consulting with experienced Tulsa attorneys is a critical step.
Contact Tulsa Attorneys Today for Guidance on Common Law Marriage and Bigamy Risks
Facing questions about common law marriage or worries about bigamy charges can be overwhelming. The Divorce Law Office Of Tulsa is here to provide clear information and practical solutions tailored to your situation. While no one can guarantee specific outcomes, having knowledgeable legal support can make a significant difference in protecting your rights and your future. Reach out today to discuss your case with caring professionals who understand Oklahoma family law.
The Divorce Law Office Of Tulsa can help you navigate the process with care and professionalism. If you need legal help, call Divorce Law Office Of Tulsa at (918) 924-5526.