ANSWERS: 4
  • Common law differs from state to state. many states do not recognize common law marriage. If there are children, it's a whole new ball game.
  • It depends. If this is a same-sex relationship, I'd say no.
  • No. A common-law 'marriage' is recognized not through a legal contract, but through common practices. However, the law in your jurisdiction (in Canada, by province, or in the US, by state) may have family laws that specifically include common-law relationships or apply in a specific fashion to common-law relationships. In Ontario, where I live for example, a common-law relationship is treated in the same fashion as a conventional marriage so far as family law is concerned.
  • It depends on whether the laws of the state in which you reside recognize "common-law" marriages. In Oklahoma, a valid common-law marriage would require a divorce. There are different ways of proving a common-law marriage, but in general in Oklahoma, the requirements are that you hold yourselves out to the community as husband and wife and have a common intent to remain together. There is not a time together requirement for the marriage to be valid. This can be show by filing taxes together as husband and wife, joint bank accounts, buying property as husband and wife, naming your partner as "spouse" for insurance purposes, introducing each other as wife or husband, having children together, etc.

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