Marriage in Oklahoma happens for a variety of reasons: love, money, or convenience. Sometimes, a combination of these reasons leads to a wedding.
Marriage often takes place during a fancy ceremony where the couple exchanges wedding vows before friends and family. Sometimes, however, a marriage takes place during a simple ceremony before a judge, justice of the peace, or clergyman.
But regardless of why and how couples get married, they are entering into a contract with each other that will only be valid under certain conditions. This article will help you learn what steps must be taken to render a marriage valid, and if there are alternatives ways for couples to share their lives in Stillwater, Oklahoma.
Marriage as a Contract in Oklahoma
Although most marriage in Oklahoma begins as a romantic arrangement, a marriage, in all actuality, is a legally binding contract between two individuals. This means that, like with all other contracts, certain requirements must be met to render a marriage valid.
Eligibility for Marriage in Oklahoma
In order for a marriage to be valid in Oklahoma, each individual must be unmarried and at least 18 years old. If either party is under 18 years of age, they can only get married if they have the written consent of their parent or legal guardian, and when authorized by the court.
Same Sex Marriage in Oklahoma
Gay and lesbian couples fought a long battle to have their rights to marriage in Oklahoma.
After multiple state and national court cases, all unmarried adult Oklahomans now have the right to marry another unmarried adult of their choosing — regardless of gender identity, biological gender, sexual orientation, and the like. Thus, two men or two women may legally enter a marriage in Oklahoma.
This right has existed since October 2014.
The Marriage License
Before you are allowed to get married in Oklahoma, you must first obtain a marriage license from a judge or clerk of an Oklahoma district court authorizing you and your intended spouse to get married.
To get a marriage license, you will have to do the following:
- Pay a fee.
- Prove that you are 18 years of age or be accompanied by a parent or guardian.
- Be able to present a valid driver’s license or a certified birth certificate.
Once issued, the license is good for only 10 days. It must be returned to the court clerk to be recorded within five days of the wedding ceremony, which must have been performed by a person registered with the State of Oklahoma to perform weddings.
The Benefits of Marriage in Oklahoma
Once legally married, you and your spouse will enjoy certain legal rights and privileges that are not available to unmarried couples, namely:
- The division of property in divorce.
- The right to be considered your spouse’s next of kin.
- The right to inherit your spouse’s estate.
- The right to any benefits and assets that accrue to your spouse’s survivors upon his or her death, such as life insurance and Social Security benefits.
- The right to file joint tax returns.
On the other hand, your marriage will be subject to certain rules and restrictions, primarily:
- You can only be married to one person at a time; and
- if you no longer want to be married, you will have to go through the formal process of legally dissolving your marriage — which entails dividing your property equitably, deciding who gets custody of your children, and determining the amount of spousal and child support to be paid.
Common Law Marriage in Oklahoma
These days, it is increasingly more common for couples to live in long-term, loving relationships, without ever choosing to marry. Fortunately for those who choose this lifestyle, Oklahoma offers an alternative to marriage with all the same rights and benefits.
Your relationship must, however, meet the following requirements:
- You must present yourselves publicly as a married couple.
- You must be legally eligible to be married, which means you must be old enough to marry legally and not already married.
- You must mutually agree to be married.
- You must live together as man and wife for a specified length of time.
If you can sufficiently document that your relationship meets all of these requirements, you may be considered legally married in the eyes of the law. This is called a common law marriage and will confer upon you all of the legal rights, privileges, and restrictions as a traditionally married couple.
Initial Strategy Session: Stillwater Family Lawyer
For more information regarding the requirements for getting married in Oklahoma, contact us. Wirth Law Office – Stillwater has a solid track record of successful family law work in Payne County, Oklahoma.
For a initial, confidential, and no-obligation consultation with an experienced Stillwater divorce attorney, simply call 405-673-1600.
If you prefer, you can use the box in the upper right-hand corner of this page to send the Stillwater attorney a brief question or message.
