Family Law Flashcards

Does Oklahoma currently recognize the formation of new common law marriages?

Answer: Yes, Oklahoma courts continue to recognize common law marriage when its elements are proven

Oklahoma remains one of the few states whose courts still recognize common law marriage upon clear and convincing proof of an actual mutual agreement to be married, cohabitation, and holding out as spouses.

Which element must be proven to establish a common law marriage in Oklahoma?

Answer: An actual and mutual agreement between the parties to be husband and wife

The core element of an Oklahoma common law marriage is a present mutual agreement to be married, along with permanence, exclusivity, cohabitation, and holding out; no fixed time period is required.

A couple signs a prenuptial agreement in Oklahoma. The wife later challenges it, claiming she was not told the full extent of the husband's assets. On what basis may an Oklahoma court invalidate the agreement?

Answer: The agreement was not entered fairly and voluntarily with reasonable disclosure of assets

Oklahoma enforces antenuptial agreements that are entered into freely, fairly, and voluntarily, with fair disclosure of the parties' assets; lack of such disclosure or overreaching can invalidate the agreement.

In Oklahoma, spousal support (alimony) awarded for support purposes generally terminates automatically upon which event?

Answer: Death of either party or remarriage of the recipient, subject to a reinstatement window

Oklahoma support alimony terminates on the death of either party and on the recipient's remarriage, although the recipient may seek continuation within 90 days by showing continued need.

An Oklahoma obligor seeks to terminate support alimony because his ex-wife is now voluntarily cohabiting with a new partner. What must the court find to modify the award?

Answer: That cohabitation exists and the recipient's need for support has changed

Oklahoma statute allows modification upon proof of voluntary cohabitation, but the obligor must still show the cohabitation affects the recipient's need for the support.

During an Oklahoma divorce, one spouse ran up gambling debts and secretly transferred marital funds to a sibling. How may the court respond in dividing property?

Answer: Consider the dissipation and award the innocent spouse a greater share of the remaining marital estate

An Oklahoma court making an equitable division may account for a spouse's dissipation or fraudulent transfer of marital assets by adjusting the division in the other spouse's favor.

Which of the following best describes how an Oklahoma court treats the increase in value of one spouse's separate business during the marriage?

Answer: Appreciation attributable to marital efforts or funds is divisible; passive appreciation remains separate

Oklahoma distinguishes between active appreciation resulting from marital labor or investment, which is divisible, and passive market-driven appreciation, which stays separate.