Am I Married...Legally???

[dennishoddy]

I thought Ok did away with common law?
A co-worker before I retired lived with a woman for 9 years. They split the sheets equally although she tried to take my buddy to the cleaners. They did not have a child together, although the only male the daughter ever knew was my buddy.
Been a couple of years back. Things changed?

 

[Jwryan84]

What guns..??

 

[Commander Keen]

I came in here fully expecting this thread to have already taken a turn for the hilarious.

I don't know whether to be proud or disappointed.

 

[zghorner]

What guns..??

I have like 2 .22lr's

 

[mightymouse]

I thought Ok did away with common law?
A co-worker before I retired lived with a woman for 9 years. They split the sheets equally although she tried to take my buddy to the cleaners.

I don't believe the state has done away with common law marriage. Basically, if the couple in question sees themselves as a couple, they will make some public declaration of same--such as, buying cars or property with both names on the deed/title, or getting bills, checking accounts, etc in both names, registering at a hotel with both names signed, or filing a joint tax return. Any of these things, or, indeed, any of the things listed in the post by Coded-Dude above, indicate that the couple in question consider themselves man and wife and have publicly declared the same. That is the test that the state looks for. In your buddy's case, he was probably careful not to make a public declaration of the kind enumerated above.

 

[yukonjack]

Instead of getting all cattywhompiss why not try and work out an amicable seperation? Even if it involves third party counseling and mediation? You have children together. Their happiness & well being is worth far more then a bunch of guns. I've bit my tongue & swallowed my pride a lot since my divorce but because of that their hasnt been any of that animosity. Too often people only think about their own selfish needs and miss the bigger picture. Oh, and in the legal world of Oklahoma you'll be considered "married".

 

[henschman]

What coded-dude posted is the correct analysis, and is how a Court would decide it. There has to be pretty compelling evidence that your minds both met in intent to be married at some point, that you held yourselves out as married (not just "as a couple," but a permanent, exclusive relationship), and that you lived together as man and wife. Things like a joint return are evidence, but are not dispositive.

Based on everything you said, I don't think any court would find that you are common law married.

As to the kids, once paternity is determined, you have the same rights to custody and visitation as you would if you were married to the mother. If both parties are fit parents, the court will almost always order joint custody.

I really hope you don't need any of this advice man.

 

[Jim Bob]

I think common law is a gray area in OK but the tax returns give her and her lawyer enough proof to put on a good case. Then it comes down to the judge you get. You will probably get to visit your kids and your guns.

 

[mightymouse]

hensch has raised some good points, but the joint tax return filing status reads, "Married, filing joint". Wouldn't that be considered a public declaration of marriage?

 

[fatcpa]

One could argue that selecting MFJ filing status was done solely for economic purposes, on a return that is not public record. Certainly not definitive evidence.