we never got a divorce,is this legal?wehave 2 children and wereliving
together for 8 yrs.(my name is charles pistole)i pay child support but
tonya will not let me see children....what do i do?
If you wish to be proactive about asserting the existence of a common
law marriage, and wish to both bring that marriage to an end and get a
ruling on parenting time (visitation), I suggest that you consider
filing for a divorce yourself. You can do so with an attorney, or you
may wish to do so with the assistance of a "how do I handle my own
divorce"-type book, usually available at major bookstores with
state-specific forms included.
my question is can she get married without divorcing me first(even
though we were common law married(wich in okla.they say that you have
to get a normal divorce)
Hi warrior1234,
"my question is can she get married without divorcing me first"
The short answer is "No", however, it will be up to you to prove that
you are married.
"Oklahoma - To establish a common-law marriage, a man and woman must
(1) be competent; (2) agree to enter into a marriage relationship; and
(3) cohabit."
"Once a common law marriage is formed, there CANNOT be a common law
divorce! The married couple MUST get a divorce decree just like any
other married couple who wishes to terminate a marriage!"
http://www.taxformprocessing.com/tax/faq/tax11.htm
"There must also be a "holding out" of the marital status. This means
that the parties must represent themselves as married to others, such
as using the same name, calling each other "husband" or "wife",
opening joint accounts or contracting joint debt, filing a joint tax
return, etc."
http://www.emitech.com/dyer/family.html
"What if one party says there was an agreement but the other party
denies it altogether? In that event, a "question of fact" is present.
In divorce cases, judges resolve questions of fact. It is at this
juncture that evidence indicative of, or contradictory to, marital
status, becomes important. How did the parties' file their income tax
returns - married or single; how did they introduce themselves to
others; were children born to their relationship? These and other
types of information may be utilized to prove, or disprove, the
existence of a marital relation. No single piece of information
necessarily proves, or disproves, the issue. However, it is important
to know this: The "burden of proof" - the legal obligation to prove
the point -- is on the person who asserts the existence of the marital
relation. So, it isn't enough for a person merely to claim that a
marriage exists. That person must prove the issue with evidence, if it
be disputed by the other party."
http://www.divorcenet.com/ok/ok-art02.html
More links of interest:
How do you end a Common Law Marriage?
How do I start the Divorce Procedure? What can I expect?
http://www.emitech.com/dyer/family.html
Q. - What is a Common Law Marriage?
Q. - Is a Common Law Marriage as Good as a regular or ceremonial Marriage?
Q. - Does the Agreement to Be Married Need to be in Writing?
Q. - What is NOT a Common Law Marriage!
Q. - How Do you Prove the Existence of a Common Law Marriage?
Q. - If I have a Common Law Marriage, and we decide to split up, do we
need a Divorce?
http://www.geocities.com/jmckimmey/CommonLaw.html
What is a Divorce?:
http://mckimmey.home.att.net/divorce.html
Example of a Cohabitation Agreement:
http://www.lawdepot.com/contracts/cohab/?loc=US&ad=from_drop_down
I hope this helps. If you have any questions, please post a
clarification request before closing/rating my answer.
Thank you,
hummer
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