Getting Married in Oklahoma: Legal Requirements and Process
Getting married in Oklahoma requires obtaining a marriage license from a county clerk, which costs $50-$75 depending on the county. Oklahoma has no waiting period after receiving your license, but the license expires if not used within 10 days, and both parties must be at least 18 years old (or have parental/judicial consent if younger).
Oklahoma law requires valid identification for both parties, and if either person has been divorced within the last six months, they must provide a certified copy of the divorce decree. Same-sex marriage is legal in Oklahoma, and couples should ensure they understand all documentation requirements before their appointment at the county clerk's office.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (43 OK Stat § 43-5)
In Oklahoma, couples must obtain a marriage license before getting married. Both parties must appear in person at the county clerk's office, provide valid identification, and pay the required fee (typically $50-$75). There is no waiting period after receiving the license, and it's valid for 10 days after issuance.
Age Requirements (43 OK Stat § 43-3)
Oklahoma law requires both parties to be at least 18 years old to marry without parental consent. Individuals who are 16 or 17 may marry with written consent from a parent or legal guardian. Oklahoma no longer allows marriages for those under 16 years of age under any circumstances.
Prohibited Marriages (43 OK Stat § 43-2)
Oklahoma prohibits marriages between ancestors and descendants, siblings (whole or half blood), aunts/uncles and nieces/nephews, and first cousins (with some exceptions for first cousins if both are over 65 or if one party presents proof of sterility).
Solemnization Requirements (43 OK Stat § 43-7)
Marriages in Oklahoma must be solemnized by an authorized person such as a judge, retired judge, court clerk, ordained or authorized preacher/minister of the Gospel, or tribal court judge. The ceremony requires the presence of at least two witnesses besides the officiant.
Common Law Marriage Recognition (43 OK Stat § 43-1)
Oklahoma is one of the few states that still recognizes common law marriages. Couples may be considered legally married without a ceremony if they agree to be married, live together as a married couple, and present themselves to the community as husband and wife.
Name Change Options (43 OK Stat § 43-5)
After marriage, either spouse may legally change their surname to their partner's surname, keep their original surname, or hyphenate both surnames. This can be done using the marriage certificate as legal proof without additional court proceedings.
Regional Variances
Marriage License Requirements in Oklahoma
In Oklahoma County, marriage licenses are issued by the Court Clerk's office. Both parties must appear in person with valid ID. The fee is $50, and there is no waiting period after receiving the license. The license is valid for 10 days after issuance.
Tulsa County requires both applicants to appear in person at the Court Clerk's office with valid photo ID. The fee is $50 cash only. The license is valid for 10 days after issuance, and there is no waiting period before the ceremony can take place.
Cleveland County issues marriage licenses through the Court Clerk's office. Both parties must be present with valid ID, and the fee is $50. The license is valid for 10 days, and there is no blood test requirement.
Age Requirements for Marriage
In Oklahoma, the legal age to marry without parental consent is 18. Individuals who are 16 or 17 may marry with parental consent. Oklahoma law prohibits marriage for those under 16 except by judicial authorization in extraordinary cases.
Tribal Jurisdiction Considerations
The Cherokee Nation issues its own marriage licenses for tribal members. These marriages are recognized by the state of Oklahoma. Couples must apply through the Cherokee Nation District Court, and at least one person must be a tribal citizen.
The Muscogee (Creek) Nation has its own marriage license procedures for tribal members. Licenses are issued through the tribal court, and the marriage ceremony must be performed within the boundaries of the Muscogee (Creek) Nation.
The Choctaw Nation issues marriage licenses to tribal members. At least one person must be an enrolled Choctaw tribal member. The license fee is typically lower than state fees, and ceremonies can be performed by tribal officials.
Suggested Compliance Checklist
Research Marriage Requirements in Oklahoma
90 days days after startingBefore applying for a marriage license, research Oklahoma's specific requirements. Both parties must be 18+ years old (or have parental/judicial consent if 16-17). No blood tests are required in Oklahoma. You'll need to know the county where you plan to apply for the license.
Gather Required Documentation for Marriage License
60 days days after startingCollect all documents needed for your marriage license application: valid photo ID (driver's license, passport, etc.), Social Security numbers for both parties, and if previously married, proof of how the marriage ended (divorce decree, death certificate, etc.).
Apply for Marriage License
30 days days after startingVisit the county clerk's office in any Oklahoma county to apply for your marriage license. Both parties must appear in person. The fee is typically $50-$60 (varies by county). The license is valid for 10 days after a 72-hour waiting period from issuance. The waiting period can be waived by a judge for good cause or military personnel on active duty.
Marriage License Application
30 days days after startingComplete the marriage license application form at the county clerk's office. You'll need to provide information about both parties including full legal names, addresses, dates and places of birth, and information about previous marriages if applicable.
Consider a Prenuptial Agreement
60 days days after startingDecide if a prenuptial agreement is right for your situation. This legal document outlines how assets and debts will be divided in case of divorce or death. In Oklahoma, prenups must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Each party should have separate legal representation to ensure the agreement is enforceable.
Draft a Prenuptial Agreement
45 days days after startingIf you decide to have a prenuptial agreement, work with an attorney to draft one that complies with Oklahoma law. The agreement should include full financial disclosure from both parties, be signed voluntarily without coercion, and provide fair terms. It should be finalized well before the wedding to avoid claims of duress.
Plan for the Ceremony
30 days days after startingArrange for an authorized person to perform the ceremony. In Oklahoma, this includes ordained ministers, judges, retired judges, and various court officials. The ceremony must take place within 10 days of license issuance and have at least two witnesses present.
File Completed Marriage License
Wedding day + 5 days days after startingAfter the ceremony, ensure the officiant files the completed marriage license with the county clerk where it was issued within 5 days. This step legally finalizes your marriage. You can request certified copies of your marriage certificate for name change and other purposes.
Apply for Name Change (if applicable)
Wedding day + 30 days days after startingIf either spouse is changing their name, complete the process with multiple agencies. Start with the Social Security Administration, then update your driver's license with the Oklahoma Department of Public Safety, and finally update other documents (passport, bank accounts, etc.). Each agency has specific requirements and forms.
Complete Name Change Application
Wedding day + 30 days days after startingIf changing your name, complete the name change application form. In Oklahoma, marriage itself doesn't automatically change your name - you must apply for the change with various agencies starting with Social Security. Bring your marriage certificate as proof of the name change basis.
Update Your Will
Wedding day + 60 days days after startingMarriage automatically revokes a previously executed will in Oklahoma unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included according to your wishes. Oklahoma law provides that a surviving spouse is entitled to a certain portion of the estate regardless of what a will states.
Create a Healthcare Power of Attorney
Wedding day + 60 days days after startingDraft a healthcare power of attorney designating your spouse (or another person) to make medical decisions if you become incapacitated. In Oklahoma, this document must comply with the Oklahoma Advance Directive Act. It should clearly state your healthcare preferences and who can make decisions on your behalf.
Establish a Durable Power of Attorney
Wedding day + 60 days days after startingCreate a durable power of attorney appointing your spouse (or another trusted person) to handle financial and legal matters if you become unable to do so. In Oklahoma, this document must be signed, dated, and either notarized or witnessed by two adults. Specify whether it takes effect immediately or only upon incapacity.
Update Beneficiary Designations
Wedding day + 45 days days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in Oklahoma, so you must update them manually if you want your spouse to be the beneficiary.
Consider Joint Property Ownership
Wedding day + 90 days days after startingDecide which assets to hold jointly with your spouse. Oklahoma is not a community property state but follows equitable distribution laws. Consider how you want to title real estate, vehicles, and other major assets. Joint ownership with rights of survivorship allows property to pass automatically to a surviving spouse without probate.
Set Up Joint Financial Accounts
Wedding day + 45 days days after startingDetermine whether to maintain separate accounts, create joint accounts, or use a combination. Complete applications for any new joint bank accounts or credit cards. Discuss financial management strategies with your spouse to avoid future conflicts.
Update Health Insurance Coverage
Wedding day + 30 days days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In Oklahoma, you typically have 30 days after marriage to make these changes. Contact your insurance provider or employer's HR department to understand the process and complete necessary forms.
Update Tax Filing Status
Wedding day + 90 days days after startingResearch how marriage will affect your tax situation. If married by December 31, you'll file taxes as married for that entire tax year. Decide whether to file jointly or separately based on your financial situation. Consider consulting a tax professional to understand the implications.
Task | Description | Document | Days after starting |
---|---|---|---|
Research Marriage Requirements in Oklahoma | Before applying for a marriage license, research Oklahoma's specific requirements. Both parties must be 18+ years old (or have parental/judicial consent if 16-17). No blood tests are required in Oklahoma. You'll need to know the county where you plan to apply for the license. | - | 90 days |
Gather Required Documentation for Marriage License | Collect all documents needed for your marriage license application: valid photo ID (driver's license, passport, etc.), Social Security numbers for both parties, and if previously married, proof of how the marriage ended (divorce decree, death certificate, etc.). | - | 60 days |
Apply for Marriage License | Visit the county clerk's office in any Oklahoma county to apply for your marriage license. Both parties must appear in person. The fee is typically $50-$60 (varies by county). The license is valid for 10 days after a 72-hour waiting period from issuance. The waiting period can be waived by a judge for good cause or military personnel on active duty. | - | 30 days |
Marriage License Application | Complete the marriage license application form at the county clerk's office. You'll need to provide information about both parties including full legal names, addresses, dates and places of birth, and information about previous marriages if applicable. | Marriage License Application | 30 days |
Consider a Prenuptial Agreement | Decide if a prenuptial agreement is right for your situation. This legal document outlines how assets and debts will be divided in case of divorce or death. In Oklahoma, prenups must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Each party should have separate legal representation to ensure the agreement is enforceable. | - | 60 days |
Draft a Prenuptial Agreement | If you decide to have a prenuptial agreement, work with an attorney to draft one that complies with Oklahoma law. The agreement should include full financial disclosure from both parties, be signed voluntarily without coercion, and provide fair terms. It should be finalized well before the wedding to avoid claims of duress. | Prenuptial Agreement | 45 days |
Plan for the Ceremony | Arrange for an authorized person to perform the ceremony. In Oklahoma, this includes ordained ministers, judges, retired judges, and various court officials. The ceremony must take place within 10 days of license issuance and have at least two witnesses present. | - | 30 days |
File Completed Marriage License | After the ceremony, ensure the officiant files the completed marriage license with the county clerk where it was issued within 5 days. This step legally finalizes your marriage. You can request certified copies of your marriage certificate for name change and other purposes. | - | Wedding day + 5 days |
Apply for Name Change (if applicable) | If either spouse is changing their name, complete the process with multiple agencies. Start with the Social Security Administration, then update your driver's license with the Oklahoma Department of Public Safety, and finally update other documents (passport, bank accounts, etc.). Each agency has specific requirements and forms. | - | Wedding day + 30 days |
Complete Name Change Application | If changing your name, complete the name change application form. In Oklahoma, marriage itself doesn't automatically change your name - you must apply for the change with various agencies starting with Social Security. Bring your marriage certificate as proof of the name change basis. | Name Change Application | Wedding day + 30 days |
Update Your Will | Marriage automatically revokes a previously executed will in Oklahoma unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included according to your wishes. Oklahoma law provides that a surviving spouse is entitled to a certain portion of the estate regardless of what a will states. | Updated Will | Wedding day + 60 days |
Create a Healthcare Power of Attorney | Draft a healthcare power of attorney designating your spouse (or another person) to make medical decisions if you become incapacitated. In Oklahoma, this document must comply with the Oklahoma Advance Directive Act. It should clearly state your healthcare preferences and who can make decisions on your behalf. | Healthcare Power of Attorney | Wedding day + 60 days |
Establish a Durable Power of Attorney | Create a durable power of attorney appointing your spouse (or another trusted person) to handle financial and legal matters if you become unable to do so. In Oklahoma, this document must be signed, dated, and either notarized or witnessed by two adults. Specify whether it takes effect immediately or only upon incapacity. | Durable Power of Attorney | Wedding day + 60 days |
Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in Oklahoma, so you must update them manually if you want your spouse to be the beneficiary. | Beneficiary Designation Forms | Wedding day + 45 days |
Consider Joint Property Ownership | Decide which assets to hold jointly with your spouse. Oklahoma is not a community property state but follows equitable distribution laws. Consider how you want to title real estate, vehicles, and other major assets. Joint ownership with rights of survivorship allows property to pass automatically to a surviving spouse without probate. | - | Wedding day + 90 days |
Set Up Joint Financial Accounts | Determine whether to maintain separate accounts, create joint accounts, or use a combination. Complete applications for any new joint bank accounts or credit cards. Discuss financial management strategies with your spouse to avoid future conflicts. | Joint Bank Account Application | Wedding day + 45 days |
Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In Oklahoma, you typically have 30 days after marriage to make these changes. Contact your insurance provider or employer's HR department to understand the process and complete necessary forms. | Health Insurance Coverage Change Form | Wedding day + 30 days |
Update Tax Filing Status | Research how marriage will affect your tax situation. If married by December 31, you'll file taxes as married for that entire tax year. Decide whether to file jointly or separately based on your financial situation. Consider consulting a tax professional to understand the implications. | - | Wedding day + 90 days |
Frequently Asked Questions
In Oklahoma, you must be at least 18 years old to marry without parental consent (16-17 year-olds need parental consent). Both parties must apply for a marriage license in person at a county clerk's office, present valid ID, and pay a fee (typically $50-$75). There is no blood test requirement. After receiving your license, you have 10 days to have your ceremony performed by an authorized officiant (judge, religious leader, etc.). There is a 72-hour waiting period between license issuance and ceremony unless waived by a judge.
Oklahoma law does not require witnesses for your marriage ceremony. While many couples choose to have witnesses sign their marriage certificate for traditional or sentimental reasons, it is not legally mandated. The only signatures required on the marriage certificate are those of the couple and the officiant who performs the ceremony.
Yes, non-residents can get married in Oklahoma. There is no residency requirement to obtain a marriage license in the state. Both parties must appear in person at any county clerk's office in Oklahoma to apply for the license, regardless of where you live. The license is valid for use anywhere within Oklahoma.
When applying for a marriage license in Oklahoma, both parties must bring: 1) Valid government-issued photo ID (driver's license, passport, military ID, etc.), 2) Social Security numbers (you don't need the physical card), 3) Payment for the license fee, and 4) If previously married, proof of how the marriage ended (divorce decree, death certificate, etc.). If either party is 16-17 years old, a parent or legal guardian must be present with their ID.
Premarital counseling is not legally required in Oklahoma, but it does offer financial benefits. Couples who complete a qualifying premarital counseling program (at least 4 hours with a licensed counselor, religious leader, or certain other professionals) can receive a significant discount on their marriage license fee—reducing it from $50 to $5. You'll need to present a completion certificate to the county clerk when applying for your license to receive this discount.
In Oklahoma, either spouse may legally change their last name after marriage using the marriage certificate as legal proof of the name change. You're not required to change your name, but if you choose to, you'll need to update your Social Security card first, then your driver's license, and then other documents and accounts. The marriage certificate serves as the legal document needed to initiate these changes without having to go through a separate court process.
Yes, Oklahoma is one of the few states that still recognizes common law marriage. To establish a common law marriage in Oklahoma, couples must: 1) Be legally capable of entering marriage (both 18+ and not married to others), 2) Agree to be married, 3) Live together as a married couple, and 4) Present themselves to the community as married. There is no specific time requirement. Common law marriages have the same legal rights and responsibilities as formal marriages, including property division and spousal support if the relationship ends.
No, Oklahoma no longer requires blood tests for marriage licenses. This requirement was eliminated years ago. You only need to provide proper identification, pay the license fee, and complete the application at the county clerk's office. After the 72-hour waiting period (unless waived), you can proceed with your ceremony.