In Oklahoma which is one of the states that allows common law marriage, yes, you do have to get a legal divorce to terminate the marriage. You are legally married, whether you got a license and appeared before a pastor or a judge, or just decided you wanted to be married by common law. All the rights of marriage attach to common law marriages. You must go through the divorce process, otherwise, you are not free to marry another in the future. There is no such thing as a "common law divorce."
Answered on Apr 03rd, 2014 at 5:36 AM