[Oasfaa] Difficult verification

Tue Oct 8 15:24:11 CDT 2013

Thanks for the information!!

*Myrna Cross*
*Director, Financial Aid*
*Western Oklahoma State College*
*2801 N. Main*
*Altus, OK  73521*
*580-477-7712*
*580-477-7716 fax*

On Tue, Oct 8, 2013 at 1:48 PM, Duke, Tracey E. <tduke at ou.edu> wrote:

>  Hello, ****
>
> ** **
>
> Caryn asked me to research this issue and here is what our legal counsel
> sent to me.****
>
> ** **
>
> *Common Law Marriage in Oklahoma*****
>
> The concept of common law marriage is perhaps one of the most
> misunderstood than any other area of family law. In its most basic form,
> common law marriage is a consensual non-ceremonial marriage between a man
> and a woman. It is a matrimonial bond that is formed by the consent of the
> parties as opposed to meeting all the state-imposed requirements of a
> ceremony and a license. ****
>
> Common law marriage was well-established as a part of the English common
> law and ultimately adopted in Oklahoma by the Territorial Supreme Court in
> the case of Reaves v. Reaves, 1905 OK 32, 15 Okla. 240, 82 P. 490 (1905).
> The Reaves court held that Oklahoma law requiring a license, witnesses, and
> a certificate of marriage are simply directory and not mandatory.1 In
> short, “[A] common law marriage is formed when a ‘the minds of the parties
> meet in consent at the same time.’ 2****
>
> Many Oklahomans are under the misconception that by simply living together
> for a period of time, a couple has established a common law marriage. That
> misconception, however, is untrue. Oklahoma cases identify three elements
> which must be proven in order for a common law marriage to exist. Those
> elements include: ****
>
> 1.      An actual and mutual agreement between the spouses to be husband
> and wife;****
>
> 2.      A permanent relationship;****
>
> 3.      An exclusive relationship;****
>
> 4.      Parties are legally capable of marriage (over 18, opposite sex);**
> **
>
> 5.      Cohabitation as husband and wife (there is a split of authority
> on this one); and****
>
> 6.      Parties hold themselves out publicly as husband and wife (open
> mutual assumption of marital duties).****
>
> The person seeking to establish a finding of common law marriage has the
> burden of proving each of the elements outlined above by a clear and
> convincing standard.4****
>
> House Bill 2634 recently passed the Oklahoma House of Representatives.
> This measure would require that couples undergo a minimum of two hours of
> counseling before they can marry. In addition, this bill also abolishes the
> concept of common law marriage. With this legislation currently pending,
> the future of common law marriage remains uncertain within the State of
> Oklahoma. As for now, however, it stands firm as a part of our adoption of
> the English common law. ****
>
> 1 See Reeves v. Reeves, 1905 OK 32, 82 P.2d 490 (Okla. Terr. 1905) 442 ***
> *
>
> 2 Standefer v. Standefer, 2001 OK 37, 26 P.3d 104, quoting Reaves v.
> Reaves, 1905 OK 32, 82 P. 490 ****
>
> 3 Bothwell v. Way, 1914 OK 571, 44 Okla. 555, 145 P. 350 (1914);
> Cavanaugh v. Cavanaugh, 1929 OK 101, 135 Okla. 204, 275 P. 315 (1929); Vann
> v. Vann, 1939 OK 495, 186 Okla. 42, 96 P.2d 76 (1939); Maxfield v.
> Maxfield, 1953 OK 390, 258 P.2d 915 (Okla. 1953). ****
>
> 4 Maxfield v. Maxfield, 1953 OK 390, 258 P.2d 915, 921 (Okla. 1953). ****
>
>  ****
>
> At the time this summary was written, House Bill 2634 was pending (2010)
> in the Oklahoma legislature.  That bill would have outlawed common law
> marriages after November 1, 2010.  However HB 2634 was not passed or
> codified into law, so they are technically still recognized in Oklahoma,
> but only because of case law, not statute.  ****
>
>  ****
>
> SO, I would tell your team that CLM’s are still recognized, but that the
> burden of proof is on the individuals claiming CLM.  They must provide
> “clear and convincing” evidence to satisfy each of the requirements above.  This
> can be done with evidence such as joint income tax returns, joint financial
> accounts, jointly held assets, joint credit, medical records, insurance
> records, introductions and comments to third parties, hotel receipts, and
> any number of other sources.  ****
>
> ** **
>
> ** **
>
> Hope it helps.****
>
> ** **
>
> ** **
>
> Tracey Duke****
>
> Assoc. Dir., Special Programs****
>
> Office of Financial Aid Services****
>
> The University of Oklahoma****
>
> ** **
>
> [image: The University of Oklahoma]****
>
> ** **
>
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>
> ** **
>
> ** **
>
> ** **
>
> *From:* oasfaa-bounces at lists.onenet.net [mailto:
> oasfaa-bounces at lists.onenet.net] *On Behalf Of *Tami Garcia
> *Sent:* Wednesday, August 14, 2013 10:11 AM
> *To:* myrna cross
> *Cc:* Diana Lee; oasfaa at lists.onenet.net
>
> *Subject:* Re: [Oasfaa] Difficult verification****
>
>  ** **
>
> I actually found information showing that it does from several "Federal"
> sources.
>
> The NOLO website lists all the states which allow Common Law Marriage and
> Oklahoma is listed.  There are 16 of them, but some have restrictions like
> "Only if before 1/1/97".  Oklahoma does not have any restrictions on
> theirs.   The USCIS website (Homeland Security) also lists Oklahoma as a
> state that does recognize Common Law Marriage and defines what is
> required.  The Department of Labor also lists Oklahoma as a Common Law
> Marriage state in their Common Law Marriage Handbook.
>
> So, I would count them as married and verify them that way.****
>  ------------------------------
>
> *From: *"myrna cross" <myrna.cross at wosc.edu>
> *To: *"Teresa Franklin" <Teresa.Franklin at twsweld.com>
> *Cc: *"Diana Lee" <dlee at snu.edu>, oasfaa at lists.onenet.net
> *Sent: *Wednesday, August 14, 2013 9:49:19 AM
> *Subject: *Re: [Oasfaa] Difficult verification****
>
> I think there is conflicting information and controversy about Common Law
> in Oklahoma.  I've looked for information several times and find
> documentation that says Oklahoma does recognize Common Law and other
> sources that says it doesn't.****
>
>
> ****
>
> *Myrna Cross*****
>
> *Director, Financial Aid*****
>
> *Western Oklahoma State College*****
>
> *2801 N. Main*****
>
> *Altus, OK  73521*****
>
> *580-477-7712*****
>
> *580-477-7716 fax*****
>
> ** **
>
> On Tue, Aug 13, 2013 at 5:33 PM, Teresa Franklin <
> Teresa.Franklin at twsweld.com> wrote:****
>
> Oklahoma does not recognize common law anymore. I would say she just needs
> to amend the taxes.****
>
>  ****
>
> Thanks,****
>
>  ****
>
>  ****
>
> *From:* oasfaa-bounces at lists.onenet.net [mailto:
> oasfaa-bounces at lists.onenet.net] *On Behalf Of *Financial Aid Director
> *Sent:* Tuesday, August 13, 2013 5:21 PM
> *To:* Diana Lee
> *Cc:* oasfaa at lists.onenet.net
> *Subject:* Re: [Oasfaa] Difficult verification****
>
>  ****
>
> If they file together as married, then I would verify them as being
> married. I think that might be grounds for common law marriage in the State
> of OK.****
>
>  ****
>
> On Tue, Aug 13, 2013 at 2:41 PM, Diana Lee <dlee at snu.edu> wrote:****
>
> All,****
>
>  ****
>
> How would you handle the following situation:****
>
>  ****
>
> Student (27 yrs old) and has a baby, and she lives with the baby's daddy.
> The problem is that they file their taxes together as married filing
> jointly.****
>
>  ****
>
> Your thoughts?
>
> -- ****
>
> Diana Lee****
>
> Director Financial Assistance****
>
> NCAA Compliance
> Southern Nazarene University
> Phone:  405-491-6310
>
> "An investment in knowledge always pays the best interest."  Ben Franklin
>
>
>
>
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>
>
> -- ****
>
> *Kellye Johnson*****
>
> *Director of Financial Aid*****
>
> *Southwestern Christian University*****
>
> *7210 NW 39th Expressway*****
>
> *Bethany, OK 73008-2335*****
>
> *fadirector at swcu.edu*****
>
> *405-789-7661 ext.3456*****
>
> *Fax: 405-495-0078*****
>
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> ** **
>
>  ** **
>
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