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INTERIM STUDY REPORT
Judiciary Committee
Rep. Fred Jordan, Chairman
Oklahoma House of Representatives
Interim Study 11-069, Rep. Randy Grau
Tuesday, October 18, 2011
Common Law Marriage Issues and Potential End to Legal Recognition
Phil Tucker, Attorney at Law
Edmond, OK
phil@tuckerlawfirm.com
• Common law marriage tends to be a misunderstood area of law.
• Provided a history of common law marriage and its creation. The need for the doctrine
stemmed from centuries ago when citizens were unable to locate a pastor in small communities.
• Oklahoma is in the minority to recognize common law marriage (CLM hereafter). The federal
government will recognize CLM for tax purposes.
• Provided an overview of the elements and requirements to enter a valid CLM. Largely based on
an intent standard.
• The original need for CLM no longer exists. Marriage is too important of an institution to fall
into by accident. The parties should be required to make an affirmative action.
• Recommends requiring a common law affidavit to be filed with the county clerk that states that
the parties intend to be husband and wife. This will overcome the problem of proving intent in
litigation.
o DPS currently has such form in order to change your name on your drivers license.
Some businesses have the form in order to be covered under employer provided
insurance coverage.
• One big concern if CLM is eliminated is that two people believe they are married and need
dissolution of shared property will not have that process available to them.
• Legislation would need to specify that only any CLM entered into after the date of enactment
would not be recognized, but will not invalidate current CLM prior to the effective date.
Frank Davis, Attorney at Law (former State Representative)
Guthrie, Oklahoma
• Agrees that people can easily get married with a license, but does not believe CLM should be
abolished.
• CLM protects people from their own improvidences.
• Provided examples of cases where CLM is beneficial to the parties involved. Especially
beneficial in instances of fraud.
Kendy Cox, Director of Service Delivery System
Oklahoma Marriage Initiative
• Stated that her organization is a marriage education group that provides information.
• Believes that marriage is more than a piece of paper.
Object Description
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| Title | 11-069 report ocr 1 |
| Full text | INTERIM STUDY REPORT Judiciary Committee Rep. Fred Jordan, Chairman Oklahoma House of Representatives Interim Study 11-069, Rep. Randy Grau Tuesday, October 18, 2011 Common Law Marriage Issues and Potential End to Legal Recognition Phil Tucker, Attorney at Law Edmond, OK phil@tuckerlawfirm.com • Common law marriage tends to be a misunderstood area of law. • Provided a history of common law marriage and its creation. The need for the doctrine stemmed from centuries ago when citizens were unable to locate a pastor in small communities. • Oklahoma is in the minority to recognize common law marriage (CLM hereafter). The federal government will recognize CLM for tax purposes. • Provided an overview of the elements and requirements to enter a valid CLM. Largely based on an intent standard. • The original need for CLM no longer exists. Marriage is too important of an institution to fall into by accident. The parties should be required to make an affirmative action. • Recommends requiring a common law affidavit to be filed with the county clerk that states that the parties intend to be husband and wife. This will overcome the problem of proving intent in litigation. o DPS currently has such form in order to change your name on your drivers license. Some businesses have the form in order to be covered under employer provided insurance coverage. • One big concern if CLM is eliminated is that two people believe they are married and need dissolution of shared property will not have that process available to them. • Legislation would need to specify that only any CLM entered into after the date of enactment would not be recognized, but will not invalidate current CLM prior to the effective date. Frank Davis, Attorney at Law (former State Representative) Guthrie, Oklahoma • Agrees that people can easily get married with a license, but does not believe CLM should be abolished. • CLM protects people from their own improvidences. • Provided examples of cases where CLM is beneficial to the parties involved. Especially beneficial in instances of fraud. Kendy Cox, Director of Service Delivery System Oklahoma Marriage Initiative • Stated that her organization is a marriage education group that provides information. • Believes that marriage is more than a piece of paper. |
| Date created | 2012-03-15 |
| Date modified | 2012-03-15 |
