How Oklahoma’s Recognition of Same-Sex Marriage and Common Law Marriage Intersect
Since October 6, 2014, Oklahoma has legally recognized same-sex marriages, both those entered in Oklahoma and those validly performed elsewhere. This change came after the U.S. Supreme Court declined to hear an appeal in Bishop v. Smith, which led the Tenth Circuit Court of Appeals to allow Oklahoma to issue marriage licenses to same-sex couples under the same rules that apply to heterosexual couples. 760 F.3d 1070, 10th Cir. 2014. Alongside this, Oklahoma also recognizes common law marriage, a type of marriage formed without a formal ceremony or license but based on the couple’s conduct and mutual agreement.
Common law marriage in Oklahoma requires that both parties agree to be married, live together, and present themselves publicly as spouses. The person asserting the existence of a common law marriage must prove it by clear and convincing evidence. Courts look at factors such as cohabitation, joint tax filings, and community recognition to determine if a common law marriage exists. Okla. Stat tit. 43 § 5(E); Standerfer v. Standerfer, 2015 OK 91. For same-sex couples, this means that their relationship can be recognized either through formal marriage or by meeting the criteria for common law marriage.
Why Establishing Common Law Marriage Matters for Same-Sex Couples in Oklahoma
The ability to establish common law marriage has significant consequences for same-sex couples, especially in areas like divorce, custody, and inheritance rights. Once a common law marriage is proven, it carries the same legal weight as a formal marriage. This means that ending the relationship requires a formal divorce, and the partners have access to spousal rights and responsibilities. For example, if a same-sex couple living together meets the criteria for common law marriage, they cannot simply separate without legal proceedings. Understanding this distinction is crucial because it affects property division, child custody, and financial support.
Oklahoma law also allows same-sex couples to enter into parenting agreements, which can protect parental rights even if the couple is not married. In Eldredge v. Taylor, the Oklahoma Supreme Court upheld a co-parenting agreement between same-sex partners, emphasizing that custody decisions focus on the child’s best interests rather than the parents’ sexual orientation. 2014 OK 92. However, without such agreements or a recognized marriage, parental rights can become complicated, as seen in cases where unmarried couples struggle to secure custody or visitation.
For couples unsure about their legal status, consulting with a Tulsa lawyer can clarify whether their relationship qualifies as a common law marriage or what steps they should take to protect their rights.
Proving a Same-Sex Common Law Marriage: What Evidence Matters
Proving a common law marriage in court requires more than just living together. The key is showing that both partners agreed to be married and held themselves out to others as spouses. Evidence can include joint bank accounts, filing taxes jointly, referring to one another as “husband,” “wife,” or “spouse,” and spending holidays or vacations together as a married couple. Oklahoma courts require clear and convincing proof of these facts to recognize a common law marriage. Okla. Stat tit. 43 § 5(E).
For same-sex couples, this can sometimes be challenging if their relationship was not publicly acknowledged due to social or legal barriers before 2014. However, since same-sex marriage is now legal, courts treat these cases the same as those involving heterosexual couples. If you believe you are in a common law marriage, it is important to gather as much documentation and witness testimony as possible.
If a couple living together ends their relationship without a formal divorce, they may face legal complications. In such cases, working with a common law divorce attorney may be necessary to settle issues like property division and child custody.
Divorce and Legal Rights for Same-Sex Common Law Spouses
Once a same-sex common law marriage is established under Oklahoma law, ending that marriage requires a formal divorce just like any other marriage. This means that couples must go through the court process to resolve matters of property division, spousal support, and child custody. Without this formal process, partners may remain legally married, complicating financial and parental responsibilities.
The same laws apply to divorce for same-sex couples as for heterosexual couples. Courts base custody decisions on the best interests of the child, not the gender or sexual orientation of the parents. Parenting agreements, like those seen in Eldredge v. Taylor, can help outline rights and responsibilities before or after a divorce but do not replace the need for a legal dissolution of marriage. 2014 OK 92.
Given the complexity of common law marriage and divorce, speaking with an experienced attorney can help protect your rights and clarify your options. The Divorce Law Office Of Tulsa can help you understand how the law applies to your situation and guide you through the process.
Contact a Tulsa Lawyer Today for Guidance on Same-Sex Common Law Marriage
The evolving landscape of marriage law in Oklahoma means that same-sex couples living together should be aware of their rights and responsibilities. Whether you believe you may be in a common law marriage or need help with divorce or parenting issues, legal advice can make a critical difference. If you need legal help, call Divorce Law Office Of Tulsa at (918) 924-5526. Their experienced team can provide guidance tailored to your circumstances, helping you understand your legal standing and the best steps forward without making unrealistic promises.