If your common law married and one marries someone else what happens

If indeed you and he are common law married, then you are still married, though separated, and he is playing house with another woman. She may or may not be aware she is part of a void, as in doesn't exist legally, marriage. Same for him really. Whether or not you are in fact in a common law marriage involves several factors, including cohabitation, holding yourselves out as husband and wife, intermingling finances, such as filing joint returns as married folk, joint accounts, purchasing property together, sharing his name, etc. It is time to proceed with wrapping up your marriage with a legal divorce, as there is no common law divorce. .

Mr Pate has answered your question well. If you are indeed qualified as being common law married then you will be required to get divorced in court. This also means that your husbands new marriage is not valid. Hire an attorney to assist you with the divorce, child visitation and child support.

As previous counsel has already stated if your relationship qualifies as a common law marriage, you would be required to go through a legal divorce and custody determination. It would also mean that your ex's new marriage is void, no longer valid. However I would encourage you to consult with a qualified attorney to determine whether or not your relationship, while long standing, qualifies as a common law marriage. There are several common misconceptions about what is and is not a common law marriage under Oklahoma law.