Legal Question in Family Law in Oklahoma

Re: common law marriage, how it is recognized in other states

You can file for divorce in either state if you have met the residency requirements of Missouri. A common law marriage in Oklahoma is created where two persons, not otherwise under a legal disability to contract marriage, agree as between themselves to be husband and wife. There are numerous factors which might tend to show that a common law marriage existed, if one party disputes it. Such as holding themselves out to the public as husband and wife, contracting debt as husband and wife, use of his last name, joint tax return as husband and wife, etc. However, it is the intent of the parties themselves which controls.

Re: common law marriage, how it is recognized in other states

Hate to tell you, but you are married. The general rule of law is that if the marriage was valid where it happened, it is valid in all other states as long as it is not against public policy. An example of that would be a homosexual marriage. Because the marriage was valid when you lived in OK, under the "Full faith and credit" clause of the constitution, all other states will honor the marriage as valid. Bottom line ... you can be common law married, but NOT common law divorced. You have to go to Court to be divorced. Since you have not seen him for 3 years, it should be an easy thing to accomplish.