Gay Couples and Common Law Marriage

This is something I had thought about a while ago, but two recent things just brought it to the front of my mind. The most recent was this article at Legal Insurrection (one of my favorite sites) which talks about the unintended consequences of the recent Supreme Court ruling mandating recognition of gay marriages across the U.S. The other thought I had was research on common law marriage in Oklahoma.

Putting the two together, it is highly likely that some same-spouse partners in Oklahoma could already be living as married couples without a marriage license.

For common law marriage to be recognized in Oklahoma, there are five “elements” considered by the Oklahoma Courts when determining the validity of a common law marriage. These are:

  1. An actual and mutual agreement between the spouses to be spouses.
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  3.  A permanent relationship.
  4. An exclusive relationship.
  5. Cohabitation as a married couple.
  6. The couple must hold themselves out publicly as spouses.

As the article linked above says, “Call your lawyer” if you have been in a same sex relationship as there are likely benefits or obligations that now flow through your relationship due to the Obergefell v. Hodges decision.

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