The Oklahoma Supreme Court recently summarized the essential elements of a common law marriage as follows: "To constitute a valid common-law marriage it is necessary that there should be an actual and mutual agreement to enter into the matrimonial relation, permanent and exclusive of all others, between parties capable of making such a contract, consummated by their cohabitation as man and wife, or their mutual assumption openly of marital duties and obligations." State ex rel. Oklahoma Bar Ass'n v. Casey, 295 P.3d 1096, 1100 (Okla. 2012) (internal quotation omitted). Upon consideration of the facts shown by the summary judgment record, the Court finds that Plaintiffs have demonstrated a genuine dispute of fact regarding the existence of a common law marriage between Mr. Gutierrez and Ms. Ortiz. The facts presented by Plaintiffs all support Ms. Ortiz's claim to be Mr. Gutierrez's wife. The only fact presented by Defendant that weighs against a finding of a marriage relationship is that Mr. Gutierrez's tax withholding forms identify his status as single.

Oklahoma recognizes two forms of marriage: ceremonial and common law. State ex rel. Oklahoma Bar Ass'n v. Casey , 2012 OK 93, ¶ 14, 295 P.3d 1096, 1100. The legislative amendments to 43 O.S., § 5 in 1999 did not abolish common law marriage, but only reformatted the statute to add subsections.

The appropriateness of assessing costs in an attorney disciplinary proceeding hinges on whether the professional misconduct charges have been proven by clear and convincing evidence and whether the costs are related to a violation of a rule of professional conduct or disciplinary rule. State ex rel. Okla. Bar Ass'n v. McArthur, 2013 OK 73, ¶ 9, 318 P.3d 1095 ; State ex rel. Okla. Bar Ass'n v. Casey, 2012 OK 93, ¶ 34, 295 P.3d 1096 ; State ex rel. Okla. Bar Ass'n v. Albert, 2007 OK 31, ¶ 27 n.33, 163 P.3d 527. Both of those criteria have been met in this cause.

This Court has an exclusive and nondelegable power in regulating the practice of law and determining professional discipline for a lawyer. State ex rel. Oklahoma Bar Ass'n v. Casey, 2012 OK 93, ¶ 2, 295 P.3d 1096, 1098 ; In re Spilman, 2010 OK 70, ¶ 10, 240 P.3d 702, 709. A criminal sentence imposed by a District Court may not be used to control this Court's determination of an appropriate professional discipline for a lawyer.

It does not establish "reputation" as a required element, though such evidence may be relevant to establishing that the parties held themselves out as husband and wife publicly, just as direct evidence that Whitehouse and Burris held themselves out publicly was relevant to that consideration. Brierton also states that "[t]he Oklahoma Supreme Court has held that tax returns alone will not prove a common-law marriage," citing Casey , 2012 OK 93, ¶ 17, 295 P.3d 1096. Brief, p. 18.