The date you and your spouse separated can be important to several issues in a divorce proceeding.
Some of the issues pertinent with a divorce date of separation in Oklahoma include measuring the length of marriage and property determinations.
In addition to property rights, there are several other issues the divorce date of separation affects.
This language was later distinguished in 2008 by the Oklahoma Court of Civil Appeals in (190 P.3d 357 [Okla. The actual mutual agreement to be in a permanent and exclusive marriage must be a current agreement consented to by both parties.
The decision to be married cannot be a unilateral decision and clear and convincing evidence of this actual agreement to immediately enter into a permanent and exclusive marital relationship must be presented, as held within (2012 OK CIV APP 73, ¶ 17, 283 P.3d 894, 899).
A South Dakota Supreme Court applied the common law of Oklahoma to a couple whom the circuit court found had entered into a common law marriage while living in Oklahoma and applied Oklahoma law citing numerous cases in its holding in (1954 OK 165, 271 P.2d 339), which stated: “To constitute a valid “common-law marriage,” it is necessary that there should be an actual and mutual agreement to enter into a matrimonial relation, permanent and exclusive of all others, between parties capable in law of making such contract, consummated by their cohabitation as man and wife, or their mutual assumption openly of marital duties and obligations.
A mere promise of future marriage, followed by illicit relations, is not, in itself, sufficient to constitute such marriage.” Duval goes on to conclude that the parties at no time made an implicit agreement to be married and were therefore not married under the common law of Oklahoma.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
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The court instead relies on a totality of the circumstances approach by considering all evidence that shows whether there was an intent by both parties to establish a marriage.
There still must be a presentment of clear and convincing evidence of an assent to be married. This ruling established that “absent a marital impediment suffered by one of the parties to the common-law marriage, a common-law marriage occurs upon the happening of three events: a declaration by the parties of an intent to marry, cohabitation, and a holding out of themselves to the community of being husband and wife.” What evidence leads to the conclusion of these events is still considered as a whole by the courts.
Anything acquired during the marriage is marital property.