Common-law marriage is when two people are considered married without ever applying for a marriage license. Oklahoma recognizes common law marriage. Common-law marriage usually becomes an issue if a couple that has lived together for a long period of time breaks up or when one of them dies and the surviving party wants to inherit the deceased’s belongings through probate.
Common-law marriage occurs when the parties agree that they married. A common law marriage is formed when ‘the minds of the parties meet in consent at the same time.’ Oklahoma Courts will consider and weigh the following factors to indicate whether or not a common law marriage has formed:
In order to establish common law marriage, the party claiming that a marriage existed must be proved the marriage by clear and convincing evidence.