The Oklahoma Bar Journal January 2026

Thus, it is a fact-specific inquiry made by a court. As the Oklahoma Supreme Court has said: A common law marriage is based on a present assumption of an existing relationship, not upon what the parties intended or have agreed to do at a future time. To constitute a valid mar riage per verba de praesenti there must be an agreement to become husband and wife immediately from the time when the mutual consent is given. 7 For most practitioners, the analysis stops there – if a mar riage exists, it must be by license or common law. Simply living together does not mean a couple is married under common law in Oklahoma, especially when there are multiple sexual partners, unless there is evidence of inten tions for a common-law marriage. 8 But those two types of marriages are notions of Western law, not necessarily tribal customary law.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

JANUARY 2026 | 47

THE OKLAHOMA BAR JOURNAL