The family law practice is undeniably multifaceted. Among the many aspects of marriage remains the concept of common law marriage which requires a proper understanding. There is a case for the recognition of a common law marriage in Oklahoma based on some conditions provided which means that the couples do not hold an official ceremony but may be said to be married. This article will discuss common law marriage Oklahoma, its conditions, and how you can find the best lawyer for you in case you wish to seek legal help.
What Does Common Law Marriage Mean?
Common law marriage is a situation where a couple is legally recognizable as spouses, regardless of an ordinary marriage ceremony. In the absence of a wedding, the couple and their marriage are ‘established’ through the act of living together and express willingness to become husband and wife.
Even though marriage in common law is approved in a few jurisdictions in the United States and not very many, Oklahoma happens to be one of the states where it is essential especially for the people in that state to comprehend the requirements form such a marriage.
Common Laws of Marriage in the State of Oklahoma
When it comes to the recognition of common law marriage in Oklahoma, the following aspects will usually have to be satisfied before that will take place:
Mutual Agreement: The intention of both parties is to get married to each other. Typically this can be shown through phrases like “Let’s get married” or rejoinders of similar sentiments.
Cohabitation: Couples are required to have a permanent residence together for some time. Whilst no such time limit exists, the couple’s cohabitation and relationship has to be consistent for some time.
Public Representation: The couple must act in public as though they are a married couple. The couple may do so by changing their surname, addressing each other where spouses and so on, as well as filing a joint tax return.
Legal Capacity: In every marriage, there should be at least two parties who are of the age of 18 for them to take up a marriage agreement. To do this, they must not be wed to someone and should have the ability to agree.
All these are important especially to people residing in Oklahoma who should understand the implications that common-law marriage has in matters concerning their properties and inheritance, as well as maintenance.
Why Seek Legal Guidance?
Regarding marriage under common law, whether one seeks to legalize such a union, the marriage is dissolved or assets of the parties are subject to division, one needs to get legal advice and such advice is sought for reasons. Below are the few statements on practicing of law which has for sure some advantages:
- Understanding Rights and Obligations
As anyone whose marriage is classified under common law in Oklahoma, an attorney can assist you know your rights as well as responsibilities. In particular, proper dissemination of information pertaining to property ownership, repayment of liabilities and other legal consequences concerning marriage.
- Aid in Paperwork Submission
Submitting the legal documents can be quite overwhelming. In this case, the lawyer will help in making the required documents such as those needed for your marriage, divorce, or child custody arrangement.
- Arguing and Defending One’s Case in Court
In the event, disagreements arise, going to court with a lawyer will greatly affect the situation positively. Lawyers are for the purpose of representing all kinds of clients, which allows them to deal with family legal complexities.
- Attempting to Reach an Agreement
Should the parties wish to file a suit and there is an issue, the lawyers can help organize mediation and come up to a resolution with no further anger. This method of settling disputes can cut down on time, worry and even assure the parties a better result than otherwise.
Tips on How To Find A Good Lawyer
Selecting a good lawyer is an indispensable step to take while resolving any aspects of common law marriage you would otherwise have difficulties with. These are some of the actions you can take to find suitable legal help.
Concentration: Seek a family law attorney who has dealt with common law marriage cases. This is important as they will have knowledge on how the laws in Oklahoma work.
Availability: This information can be obtained from the internet, where all the lawyers promote their services and showcase client testimonials. It happens quite often that the better the reputation the better the skills.
Consultation: Consider going to a few attorneys for your situation and ask them for an initial consultation. This meeting will open the door to understanding their philosophy and will allow you to assess whether their services will suit you.
Communication: Work with an attorney who speaks English and answers your questions very well. The communication climate in any lawsuit determines the degree of success that can be achieved from the case.
Fees and Billing: Find out how much the attorney will charge and consider that amount before hiring them. While some lawyers charge their clients on an hourly basis, others may request a payment of retainer fee. Clearly outline how much you are willing to spend before making any agreements.
Conclusion
For those who cohabitate and wish to formalize their relationships under full legal protection, it is important to understand the principles of the common law marriage in Oklahoma. Seeking a skilled attorney to handle family law issues is a prudent decision every state or nation under the rule of law should embrace.
Knowledge of your rights in regard to the law as well as your relationship with your partner makes demanding decisions which come out best for you possible. For either common law marriage or common law marriage dissolution, the lawyer is critical as protection of your rights is their primary focus.