Couples get married for a variety of reasons: love, money, or convenience. This 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 legal contract with each other that will only be valid under certain conditions.
Learn what steps must be taken to render a marriage valid and if there are alternative ways for couples to share their lives in Tahlequah, Oklahoma.
Marriage as a Contract in Tahlequah, Oklahoma
Typically, marriage in Tahlequah begins as a romantic arrangement; however, 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 Tahlequah, 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 it must be authorized by the court. Same sex marriages are legal in Oklahoma as well.
The Marriage License
Before you are allowed to get married in Tahlequah, 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 only. 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 Tahlequah
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 that you can only be married to one person at a time and if you no longer want to be married, you must go through the formal process of obtaining a legal dissolution of your marriage. A divorce in Oklahoma entails dividing your property equitably, deciding who gets custody of your children, and determining the amount of spousal and child support to be paid.
Alternatives to 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.
In Oklahoma, you can enjoy all of the benefits of being married without having to go through any of the traditional formalities. 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 spouses 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 it will confer upon you all of the legal rights, privileges, and restrictions as a traditionally married couple.
Low-cost Initial Consultation: Tahlequah Family Law Attorney
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.
