Common Law on Divorce in Oklahoma
Common law marriages are recognized in approximately 16 of the 50 states and the District of Columbia. Common law marriages are when both parties consent to a marital relationship in the absence of a certificate of marriage and ceremony. Although a common law marriage is established differently than a ceremonial marriage the process for a divorce for both are the same. Oklahoma law only recognizes common law marriages formed before Nov.1, 1998. The process of a traditional divorce must take place for common law marriages that were formed before that date.
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Misconceptions
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Every couple who lives together in Oklahoma is considered common law married and can receive a common law divorce. This is not true. To establish common law marriage, both individuals must agree that they are entering into a husband and wife relationship that is permanent and exclusive. They must also be public about their marital relationship. If they decide to divorce, they must go through the traditional divorce process.
Divorce Agreement
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One or both parties of the common law marriage must desire a dissolution of marriage. If the couple still resides in the state of Oklahoma and reaches an agreement regarding the terms of their divorce, the process is smoother and requires less time.
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Petition
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You are required to file a petition with the court of your jurisdiction asking the court to dissolve the marriage, divide property and determine custody. This is to notify the courts, the judge who will hear your case and your spouse of your desire and intent to terminate the marriage. Your petition should clearly detail the things you request from your spouse, such as alimony, child support and attorney’s fees.
Response to Petition
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Your spouse will have an opportunity to agree or to contest the divorce by responding to your petition within a specified amount of time. Your spouse’s failure to respond within this time may result in you, the petitioner, receiving the list of things he requests.
Pending Order And Discovery
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A pending or temporary order is issued by the court until the hearing date. This order addresses things such as who remains in the house, if children are involved, who is primary custodial parent and the details of a restraining order if one becomes necessary. Each party to the divorce becomes entitled to learn things regarding the other.
Negotiate Settlement Vs. Trial
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Negotiating a settlement affords you privacy, saves time and money. Work out financial and property issues, even if necessary through attorney representation or mediation to avoid lengthy trials. Generally, both parties are likely to obey the terms of an agreement when negotiated privately rather than imposed by a court.
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