Common Law Marriage – Living Together Long Term

Common Law Marriage: Is There Really Such a Thing?

This is a question frequently asked not only by those considering the implications of long-term cohabitation but also by curious bystanders. Is there a difference between common law marriage and traditional marriage? Perhaps there is a subtle distinction.

Common Law Marriage: Oklahoma Here We Come!

Why single out Oklahoma? There’s no special reason, but the state’s approach to common law marriage is somewhat different—or even controversial—compared to other states. Common law arrangements that took place in Oklahoma before November 1, 1998, are recognized, while those that occurred after that date have a more nebulous status under state law.

The controversy boils down to one main point: despite the absence of a clear ruling, the general understanding is that common law marriages are valid in Oklahoma. However, it’s important to note that since determining the validity of common law marriages can be difficult, couples are advised to pursue a ceremonial marriage.

According to Title 43, Section 7-A of the Oklahoma Legislature, all marriages must be formalized through a ceremony performed in the presence of at least two competent adult witnesses. The ceremony must be officiated by a judge (active or retired), an ordained minister, a priest, or a rabbi, all of whom must be at least 18 years old.

Common Law Marriage: A Matter of Validity

In the U.S., certain requirements must be met for couples to qualify for common law marriage. While living together is a prerequisite, it is not the only factor. Couples must also demonstrate to others that they are a married couple, which can be done by using the same last name, referring to each other as husband and wife, or filing a joint tax return.

Additionally, couples must have lived together for a significant period, although no specific duration is stipulated, and they must show a mutual intention to marry.

Importantly, the law requires every state to recognize the validity of a common law marriage that was recognized in another state.

Common Law Marriage in Other States
If you’re curious about which states recognize common law marriages, here’s a list (be sure to verify current laws, as changes may have occurred):

In alphabetical order, common law marriages are recognized by the following states: Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, and Washington, D.C.

Be cautious, as some states have restrictions based on date; for instance:

• Georgia: Recognizes marriages that occurred on or before January 1, 1997
• Idaho: Recognizes marriages that occurred on or before January 1, 1996
• Ohio: Recognizes marriages that occurred on or before October 10, 1991
• New Hampshire recognizes common law marriages only for probate purposes.

If you live in a state that does not recognize common law marriages, you may still establish that you are in one or were in one by submitting the following documents:

You will need a personal affidavit stating the date and place where you and your common law spouse decided to live as husband and wife, details about any prior marriages, and any other documentation proving the existence of your marital relationship.

Affidavits from acquaintances who are familiar with your relationship can also help. These should describe the length of time you have been living together, your civic address, any public announcements of your marriage, and whether friends and family consider you a married couple.

Additionally, jointly held property titles, bank statements, and insurance policies with both names can serve as evidence, as can employment records indicating immediate family status. Even letters addressed to “Mr. and Mrs.” can be useful. Collecting as much documentation as possible can help eliminate doubts in the minds of public authorities.

Common Law Marriage in Canada

Canada has different laws regarding common law marriage. Many Americans mistakenly view Canada as just another U.S. state due to shared language and borders, but the Canadian government, particularly regarding immigration, has a distinct perspective on this issue.

If you are a Canadian citizen wishing to sponsor a foreign partner as your spouse, you must possess a Certificate of Marriage issued by the province or territory where the marriage took place. If married outside Canada, your marriage must be valid under the laws of that country and Canadian law.

Importantly, the Canadian government accepts same-sex spouses, but it’s wise to check the specific regulations of the province or territory where you plan to reside, as provincial laws may vary.

Note: Canada distinguishes between a common law partner and a conjugal partner.

You are considered a common law partner if you have lived with your sponsor in a conjugal relationship for at least one continuous year. Brief absences for business or family reasons are allowed.

To prove your common law partnership, you must demonstrate that you have combined your assets and liabilities and that you live together. Evidence can include joint bank statements, joint ownership of a home, joint utility bills, and shared management of household expenses.

The category of conjugal partner applies to individuals (same-sex or opposite-sex) who cannot live together due to immigration or other reasons, thus disqualifying them from being common law partners. To qualify, you must show proof of a continuous 12-month relationship and provide documentation that demonstrates the legal or religious barriers preventing you from living together.