Best Marriage Lawyers in Oregon

About Marriage Law in Oregon, United States

Marriage in Oregon is recognized as a legally binding civil contract between two consenting adults. The state regulates who can marry, the process for obtaining a marriage license, and the rights and responsibilities that come with marriage. Oregon recognizes both opposite-sex and same-sex marriages, and the process for marriage is governed by state law, overseen by individual counties. Marriage in Oregon brings with it various legal implications related to property, taxes, inheritance, and parental rights.

Why You May Need a Lawyer

While the process of getting married in Oregon may seem straightforward, there are situations where legal help is advisable. Common reasons to consult a lawyer include:

• Understanding property and financial rights before marriage, such as through prenuptial agreements
• Navigating marriage when one or both partners have children from previous relationships
• Handling international marriages or marriages involving immigration matters
• Addressing issues related to age or consent, especially for individuals under 18
• Resolving questions about dissolving prior marriages or proof of divorce
• Seeking confidentiality or protection in special circumstances, such as safety concerns
• Clarifying rights related to benefits, inheritance, and health care decisions

Local Laws Overview

Some key aspects of marriage law in Oregon include:

• Age Requirements: You must be at least 17 years old to marry in Oregon. Those under 18 need written parental or guardian consent.
• Marriage Licenses: Both parties must apply in person at a county clerk's office. There is a 3-day waiting period before the license becomes valid, although it may be waived under certain circumstances.
• Marriage by Proxy: Not permitted in Oregon. Both parties must be present.
• Blood Tests: Oregon does not require blood tests or medical exams.
• Prohibited Marriages: Marriages between close relatives are not allowed. Bigamy (marrying while already married to someone else) is illegal.
• Officiants: Marriages may be performed by a variety of officiants, including religious clergy, judges, and some public officials.
• Common Law Marriage: Oregon does not recognize common law marriage created within the state, but may recognize valid common law marriages from other states.

Frequently Asked Questions

How do I apply for a marriage license in Oregon?

Apply in person at any county clerk's office in Oregon. Both parties must provide valid government-issued photo identification and fill out the application. The license is usually valid in any county within the state.

Is there a waiting period before I can get married?

Yes, there is a mandatory 3-day waiting period after the license is issued before you can get married. Some counties allow you to apply for a waiver for an additional fee.

What is the cost of a marriage license in Oregon?

The cost of a marriage license varies by county, typically ranging from 50 to 60 dollars. Additional fees may apply for certified copies or waivers.

Can I get married if I am under 18?

The minimum age to marry in Oregon is 17. If you are under 18, you must have written consent from a parent or legal guardian.

Do I need to be an Oregon resident to get married in Oregon?

No, you do not need to be a resident of Oregon to get married in the state.

Can we have a religious or civil ceremony?

Yes, both religious and civil ceremonies are recognized in Oregon. The officiant must be authorized under Oregon law.

Does Oregon recognize same-sex marriages?

Yes, same-sex marriage is legal and fully recognized in Oregon.

What if I was previously married?

If either party has been married before, you must provide the exact date of your divorce or the death of the previous spouse when applying for a marriage license.

Are prenuptial agreements enforceable in Oregon?

Yes, prenuptial agreements are enforceable in Oregon as long as they are entered into voluntarily, with full disclosure, and do not violate public policy.

Does Oregon recognize common law marriage?

Oregon does not recognize common law marriage if it is created within the state. However, it may recognize common law marriages legally established in other states.

Additional Resources

For more information or assistance regarding marriage in Oregon, consider reaching out to:

• County Clerk's Office in the county where you plan to marry
• Oregon Judicial Department - Family Law Section
• Oregon State Bar Lawyer Referral Service
• Legal Aid Services of Oregon
• Oregon Vital Records Office

Next Steps

If you need legal assistance regarding marriage in Oregon:

• Gather all necessary documents related to your personal status, such as identification, divorce decrees, or death certificates of previous spouses.
• Contact a qualified family law attorney for a consultation. Many offer initial consultations with no obligation.
• Consider reaching out to local resources like county clerks or legal aid organizations for direction.
• Prepare a list of questions or concerns to discuss during your legal consultation.
• Review any required forms and documents ahead of time to expedite the process.