On the other hand, if you did represent yourselves to friends and family as being married, you may be able to prove a common law marriage so long as the relationship was exclusive. Filing joint income tax returns and carrying the other party as a dependent for health insurance purposes can also be used to prove a common law marriage.
Marriage vs. Common Law Marriage: What's the Difference?
As your lawyer, we can help you address the range of issues that are relevant to common law marriage, including:. If you are involved in a complex legal matter having to do with common law marriage, it is important to get clear, knowledgeable and experienced family law guidance. Our father-and-son team of attorneys offer more than 50 years of combined experience.
We can help you take on these issues and fight for your rights under Oklahoma law. Did you file your tax returns jointly? It can also be more expensive and drag out the process for a much longer time period. Financial disclosures are mandatory as part of an Oklahoma divorce.
Both spouses are required to disclose all of their marital assets to the court so that a fair and equitable distribution can take place. Your net income and debt payments must also be included as well.
When a spouse files for divorce, an automatic injunction is put in place that prohibits selling, changing title, or concealing marital assets that goes into effect immediately. It includes financial accounts, such as bank, retirement, profit sharing, pensions and any other type of account that holds funds that are available or can be borrowed against.
Spouses are sometimes reluctant to release this type of information. When that happens, legal remedies may be employed, such as a subpoena served directly on a financial institution, to get all of the required information. Keep in mind that if a spouse lies on a financial disclosure document, they may be liable for both criminal and civil penalties. A court may award additional compensation in the form of assets or cash.
After a spouse petitions for divorce in Oklahoma, the defendant has 20 days after being served to respond to the divorce complaint.
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If they do not respond, it may be possible to seek a default judgment by asking the judge to grant the divorce despite no response. In this case, a defendant who does not respond forfeits their right to contest terms of the divorce, including child custody and support, alimony a division of assets and debts and other related issues.
Domestic violence is one of the grounds of divorce in Oklahoma, falling under the umbrella of extreme cruelty. It includes any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse, children or other family members by the other spouse.
Aside from having a negative impact on a marriage over the long-term, the immediate threat must be dealt with as soon as possible. This may mean leaving the residence as soon as possible, seeking a Domestic Violence Protective Order and working with law enforcement if assault or other crimes have been committed. Domestic violence will definitely have an impact on child custody. Because the best interests of a child always come first, if domestic violence by one parent can be demonstrated, it could mean restrictions or complete denial on custody or visitation privileges.
The statewide toll-free hotline for domestic violence, sexual assault and stalking is SAFE You can also go online to the Oklahoma Coalition Against Domestic Violence and Sexual Assault to find information on domestic violence, sexual assault, verbal abuse, getting a protective order, Internet safety and safety planning. When a divorce complaint is filed, it puts in place a temporary injunction.
Any children must also remain covered as well. This means they must get their own healthcare coverage if not covered in a settlement agreement. Some settlements dictate that one spouse must continue to pay for health coverage, both for the spouse and for any children. In other cases, coverage for children is mandatory more often than not and may be split by both spouses.
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The major drawback is that this can be very expensive because an employer will no longer cover any portion of the premium. Instead, many people opt to purchase health insurance on an exchange as part of the Affordable Care Act. Infidelity and adultery can be cited as the reason for a divorce in Oklahoma. Military divorce in Oklahoma are handled the same as civilian divorces in some ways. But in other respects, there are some notable differences.zacanothe.ml
Common Law Marriage Controversy in Oklahoma
For example, under the Servicemembers Civil Relief Act, active military members are protected from default judgements while they are on active duty. Although this protection is in place, a servicemember may choose to waive delaying the divorce by signing off on paperwork that allows the divorce to proceed uncontested. Military divorce laws allow servicemembers and their spouses to file for divorce in:. The grounds for a military divorce in Oklahoma are the same as they are for a civilian divorce.
A key element is that the former spouse must have been married to the former servicemember for a minimum of 10 years while the military member has served on active duty. The above requirements must be demonstrated in a clear and convincing manner or your relationship will fail to qualify as a common law marriage in the state of Oklahoma.
You may demonstrate these requirements, for example, in the following ways:. If you have questions regarding the status of your living arrangement and whether or not you meet the qualifications for a common law marriage in the state of Oklahoma, an experienced Tulsa family law attorney can look at the circumstance of your relationship and ascertain if indeed you meet the requirements listed above.
Tell us about your family law matter:. We Deliver Confidence. The requirements for an common law marriage in Oklahoma are as follows: You must present yourselves to the public as a married couple. You must be legally eligible for marriage, meaning that you must be old enough to marry legally and not already married You must mutually and actually intend to be married You must live together as man and wife for a specified length of time, typically long enough to demonstrate that a relationship akin to a marriage exists The above requirements must be demonstrated in a clear and convincing manner or your relationship will fail to qualify as a common law marriage in the state of Oklahoma.