When HB1455 has not received a committee hearing at the Oklahoma Senate in 05, the bill banning common law marriage in Oklahoma died and the controversy over the validity of common law marriages Oklahoma continued.
Five elements required of a law on the common marriage in Oklahoma
- 1. The couple had to accept being husband and wife.
2. The couple have an ongoing relationship.
3. The couple has an exclusive relationship.
4. The couple lives together as husband and wife.
5. The couple publicly considers themselves to be husband and wife.
What is the controversy about Common Law Marriage in Oklahoma?
common-law marriages formed in Oklahoma before 01/11/98 are recognized. The conflict between state laws and court decisions is the validity of common law marriages formed after 01/11/98.Title 43, O.S., Sec. 1 and Sec. 7 State than to get married in Oklahoma, you must have a license, you have your marriage celebrated with a ceremony and the ceremony is to be celebrated in the presence of witnesses and of a person authorized to perform the ceremony.
Title 43, Section 1. marriage is a personal relation arising out of a civil contract to which the consent of the legally competent parties contract and get in it is needed, and the marriage relationship can not be concluded, maintained or revoked as provided by law.Title 43, Section 7-A. All marriages must be contracted with an official ceremony performed or celebrated in the presence of at least two adults, competent persons as witnesses, a judge or retired judge of a court in that state, or or an ordained preacher or a minister of the Gospel, church priest or other official of any authorized denomination which has been duly authorized or ordered by the church to which he belongs to preach the Gospel, or rabbi and is at least eighteen (18) years
Source :. Oklahoma legislature
Controversy exists because in apparent opposition to the state law, the Oklahoma courts confirmed by the marriage of the common law cases in the Oklahoma.
Bottom Line on marriage common law in Oklahoma
The consensus seems to be that the common law marriages are still valid in Oklahoma.However, with uncertainty about the validity of common law marriages in Oklahoma, the wedding ceremony is recommended.