I was married under Common Law in Oklahoma. My spouse has never resided with me, as he is in jail. I am a legal resident now of Florida. Do I have to file actual divorce papers? The marriage took place 1.5 years ago. Thanks.

Since your spouse didn't reside with you then how is it a common law marriage?

Five Required Elements of a Common Law Marriage in Oklahoma
1. The couple had to agree to be husband and wife.
2. The couple has a permanent relationship.

3. The couple has an exclusive relationship.

4. The couple lives together as husband and wife.

5. The couple publicly considers themselves to be husband and wife.


Common Law Marriage in Oklahoma (http://marriage.about.com/od/commonlaw/qt/oklacommon.htm)

1. The couple had to agree to be husband and wife.
2. The couple has a permanent relationship.

3. The couple has an exclusive relationship.

4. The couple lives together as husband and wife.

5. The couple publicly considers themselves to be husband and wife.

I found the same rules under the new laws for common law marriage.

So just how did you do a common law marriage?

While you should have it reviewed by an attorney, my opinion is you are not married, never was married, and common law does not apply since you never lived together.