Getting Married in Oregon: Legal Guide for Couples
Getting married in Oregon requires couples to obtain a marriage license from any county clerk's office, with a three-day waiting period before the ceremony can take place. The license is valid for 60 days, and both parties must appear in person with valid identification to apply.
Marriage creates significant legal rights and responsibilities including changes to property ownership, inheritance rights, and tax filing status. Understanding Oregon's specific marriage laws before your wedding day can help ensure a smooth legal transition into married life.
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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
Oregon Marriage License Requirements
In Oregon, couples must obtain a marriage license before getting married. Both parties must appear in person at a county clerk's office, provide identification, and pay a fee (typically $50-$60). There is a 3-day waiting period after obtaining the license before the marriage ceremony can take place, though this can be waived for an additional fee. The license is valid for 60 days from issuance.
Oregon Marriage Age Requirements
In Oregon, the legal age to marry is 18. Individuals who are 17 years old may marry with written consent from a parent or legal guardian. Oregon law prohibits marriage for anyone under 17 years of age, which is a relatively recent change to protect minors from forced marriages.
Oregon Marriage Ceremony Requirements
Oregon law allows marriages to be solemnized by judges, religious officials, and certain other authorized individuals. The state also permits self-uniting marriages (sometimes called 'self-solemnization') where the couple can marry themselves without an officiant. After the ceremony, the person who solemnizes the marriage must complete the marriage certificate and return it to the county clerk within 10 days.
Oregon Name Change After Marriage
Oregon law permits either spouse to change their last name after marriage. The marriage certificate serves as legal documentation for this change. To complete the name change process, you'll need to update your Social Security card first, then your driver's license or ID card, and then other documents and accounts.
Oregon Domestic Partnership Laws
Oregon offers registered domestic partnerships that provide many of the same state-level rights as marriage for same-sex couples. While same-sex marriage is now legal throughout the US, some couples may still choose this option. It's important to note that domestic partnerships don't provide the same federal benefits as marriage.
Regional Variances
County-Specific Marriage License Requirements in Oregon
In Multnomah County (Portland), marriage licenses cost $60, are valid for 60 days, and can be obtained at the County Clerk's Office. They offer both in-person and online application options. There is no waiting period after receiving your license before you can get married, unlike some other states.
Washington County requires both parties to appear in person to apply for a marriage license. The fee is $60, and the license is valid for 60 days. The county does not offer online pre-application services that some other Oregon counties provide.
Lane County (Eugene) charges $60 for marriage licenses which are valid for 60 days. They offer appointment scheduling for marriage license applications, which some other counties don't provide. Both parties must appear in person with valid ID.
Clackamas County requires appointments for marriage license applications, which must be scheduled online in advance. The fee is $60 and both parties must appear together with valid identification. The license is valid for 60 days after issuance.
In Deschutes County (Bend), marriage licenses cost $60 and are valid for 60 days. They offer a marriage license pre-application process online to expedite the in-person visit. Both applicants must still appear in person to complete the process.
Officiant Requirements Across Oregon
Portland has a large number of secular officiants available through the Humanist Society and other non-religious organizations. The city also recognizes online-ordained ministers, which is consistent with state law but more explicitly accepted than in some rural counties.
In some rural Oregon counties, finding non-religious officiants may be more challenging. While the state law is the same, the practical availability of secular officiants is lower. Some couples from rural areas travel to larger cities for their ceremonies for this reason.
Coastal counties like Lincoln and Tillamook have specific regulations regarding beach weddings. Certain beaches require permits for ceremonies with more than 10 attendees, and some protected areas prohibit weddings entirely. Check with the specific beach management before planning a coastal ceremony.
Name Change Procedures
In the Portland metro area, the Multnomah County Circuit Court processes name changes as part of marriage more efficiently, typically within 2-3 weeks. They have dedicated staff for marriage-related name changes and offer more comprehensive guidance materials than many other counties.
Counties like Jackson and Josephine may have longer processing times for marriage-related name changes, sometimes taking 4-6 weeks. These counties have fewer staff dedicated to processing these changes compared to more populated areas.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Oregon, you must apply for a marriage license at any county clerk's office. Both parties must appear in person with valid ID (driver's license, passport, etc.). The license costs approximately $50-60 (varies by county) and there is a 3-day waiting period after application before the ceremony can take place. The license is valid for 60 days after issuance.
Complete Marriage License Application
30-60 days before wedding days after startingFill out the marriage license application form with personal information for both parties including full legal names, addresses, places of birth, parents' information, and previous marriage details if applicable. Both parties must sign the application in person at the county clerk's office.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingA prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities during marriage. In Oregon, for a prenup to be valid: 1) It must be in writing and signed by both parties, 2) Both parties must fully disclose their assets and liabilities, 3) Each party should have independent legal counsel, and 4) There should be no coercion or duress. The agreement should be finalized well before the wedding to avoid claims of duress.
Decide on Name Change (if applicable)
Within 90 days after wedding days after startingIf either party wishes to change their name after marriage, you'll need to complete a name change application. In Oregon, you can use your marriage certificate as legal proof for changing your name with the Social Security Administration first, then the DMV, and other institutions. There's no deadline, but it's easier to do all changes at once.
Update or Create a Will
Within 60 days after wedding days after startingMarriage automatically revokes a previously existing will in Oregon 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. Oregon recognizes holographic (handwritten) wills, but a properly witnessed and notarized will is more legally sound.
Create Healthcare Power of Attorney
Within 60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Oregon, this is part of the Advance Directive form. The document must be signed in the presence of two witnesses who aren't related to you by blood or marriage and don't have a financial interest in your healthcare.
Establish Durable Power of Attorney
Within 60 days after wedding days after startingThis document authorizes your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Oregon, the document must be notarized to be valid. Consider whether you want the power to be effective immediately or only upon incapacity (springing power of attorney).
Update Beneficiary Designations
Within 30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Oregon, beneficiary designations typically override will provisions, so it's crucial to update these forms to include your spouse if desired. Request forms from each financial institution or employer.
Consider Joint Banking
Within 60 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts. In Oregon, joint accounts with rights of survivorship automatically pass to the surviving spouse without probate. Complete applications at your financial institution if you choose to open joint accounts.
Update Health Insurance Coverage
Within 30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Oregon, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department to obtain the necessary forms.
Research Property Ownership Options
Within 90 days after wedding days after startingOregon recognizes tenancy by the entirety for married couples, which provides protection from creditors of only one spouse. Research whether to title existing or new property as tenants by the entirety, joint tenants with right of survivorship, or maintain separate ownership. This decision affects inheritance rights and creditor protection.
Update Tax Filing Status
By next tax filing deadline days after startingYour marital status on December 31 determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous based on your specific financial situation. Oregon follows federal guidelines for married filing jointly or separately status.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Oregon, you must apply for a marriage license at any county clerk's office. Both parties must appear in person with valid ID (driver's license, passport, etc.). The license costs approximately $50-60 (varies by county) and there is a 3-day waiting period after application before the ceremony can take place. The license is valid for 60 days after issuance. | - | 30-60 days before wedding |
| Complete Marriage License Application | Fill out the marriage license application form with personal information for both parties including full legal names, addresses, places of birth, parents' information, and previous marriage details if applicable. Both parties must sign the application in person at the county clerk's office. | Marriage License Application | 30-60 days before wedding |
| Consider a Prenuptial Agreement | A prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities during marriage. In Oregon, for a prenup to be valid: 1) It must be in writing and signed by both parties, 2) Both parties must fully disclose their assets and liabilities, 3) Each party should have independent legal counsel, and 4) There should be no coercion or duress. The agreement should be finalized well before the wedding to avoid claims of duress. | Prenuptial Agreement | 90-120 days before wedding |
| Decide on Name Change (if applicable) | If either party wishes to change their name after marriage, you'll need to complete a name change application. In Oregon, you can use your marriage certificate as legal proof for changing your name with the Social Security Administration first, then the DMV, and other institutions. There's no deadline, but it's easier to do all changes at once. | Name Change Application | Within 90 days after wedding |
| Update or Create a Will | Marriage automatically revokes a previously existing will in Oregon 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. Oregon recognizes holographic (handwritten) wills, but a properly witnessed and notarized will is more legally sound. | Updated Will | Within 60 days after wedding |
| Create Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Oregon, this is part of the Advance Directive form. The document must be signed in the presence of two witnesses who aren't related to you by blood or marriage and don't have a financial interest in your healthcare. | Healthcare Power of Attorney | Within 60 days after wedding |
| Establish Durable Power of Attorney | This document authorizes your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Oregon, the document must be notarized to be valid. Consider whether you want the power to be effective immediately or only upon incapacity (springing power of attorney). | Durable Power of Attorney | Within 60 days after wedding |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Oregon, beneficiary designations typically override will provisions, so it's crucial to update these forms to include your spouse if desired. Request forms from each financial institution or employer. | Beneficiary Designation Forms | Within 30 days after wedding |
| Consider Joint Banking | Decide whether to maintain separate accounts or establish joint accounts. In Oregon, joint accounts with rights of survivorship automatically pass to the surviving spouse without probate. Complete applications at your financial institution if you choose to open joint accounts. | Joint Bank Account Application | Within 60 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Oregon, you typically have 30-60 days after marriage to make these changes. Contact your health insurance provider or employer's HR department to obtain the necessary forms. | Health Insurance Coverage Change Form | Within 30 days after wedding |
| Research Property Ownership Options | Oregon recognizes tenancy by the entirety for married couples, which provides protection from creditors of only one spouse. Research whether to title existing or new property as tenants by the entirety, joint tenants with right of survivorship, or maintain separate ownership. This decision affects inheritance rights and creditor protection. | - | Within 90 days after wedding |
| Update Tax Filing Status | Your marital status on December 31 determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous based on your specific financial situation. Oregon follows federal guidelines for married filing jointly or separately status. | - | By next tax filing deadline |
Frequently Asked Questions
In Oregon, you must be at least 17 years old (with parental consent if under 18), not be currently married to someone else, and not be closely related to your intended spouse. You'll need to obtain a marriage license from any Oregon county clerk's office, which costs approximately $50-60 depending on the county. Both parties must appear in person with valid ID. There is a 3-day waiting period after obtaining the license before you can get married, and the license is valid for 60 days. The marriage must be solemnized by an authorized person such as a judge, religious clergy, or certain county officials.
No, Oregon does not require blood tests or medical examinations to obtain a marriage license. This requirement has been eliminated in most states, including Oregon.
Yes, but they must be officially authorized. In Oregon, a friend or family member can become temporarily authorized to perform a single marriage ceremony through the county clerk's office in the county where your wedding will take place. They'll need to complete an application, pay a fee (typically $5-20), and in some counties may need to demonstrate knowledge of Oregon marriage laws. This authorization is usually valid for a specific date and location.
If you don't use your Oregon marriage license within the 60-day validity period, it will expire and become invalid. You would need to apply for a new license and pay the fee again if you still wish to get married. There are no extensions available for expired marriage licenses in Oregon.
Yes, Oregon law requires at least two witnesses to be present at your marriage ceremony. These witnesses must be at least 18 years old and will need to sign your marriage certificate along with the officiant. Choose witnesses who can be present for the entire ceremony.
After marriage in Oregon, you can change your last name by using your marriage certificate as legal proof of your name change. You'll need to update your Social Security card first, then your driver's license or ID at the Oregon DMV, followed by other documents like your passport, bank accounts, etc. If you want to change your first or middle name, or make a name change not traditionally associated with marriage, you'll need to go through a formal court-ordered name change process instead.
Yes, same-sex marriages are fully legal in Oregon. The state began recognizing same-sex marriages in May 2014 following a federal court ruling, and this was reinforced by the U.S. Supreme Court's Obergefell v. Hodges decision in 2015. Same-sex couples have exactly the same marriage rights and responsibilities as opposite-sex couples in Oregon.
While Oregon still maintains domestic partnerships as a legal status, they offer fewer protections than marriage, particularly at the federal level. Marriage is recognized nationwide and provides over 1,000 federal benefits including tax advantages, Social Security benefits, and immigration rights. Domestic partnerships are primarily recognized only within Oregon and provide limited state-level protections. Since same-sex marriage is legal in Oregon, many couples who previously entered domestic partnerships have converted them to marriages.
A prenuptial agreement is not legally required in Oregon, but it may be advisable depending on your situation. Prenups are particularly useful if either party has significant assets, owns a business, has children from a previous relationship, or expects a substantial inheritance. In Oregon, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure. For a prenup to be enforceable, both parties should ideally have independent legal counsel review the agreement before signing.
If you get married in Oregon and later move to another state, your marriage remains valid and will be recognized in all other U.S. states due to the Full Faith and Credit Clause of the U.S. Constitution. However, if you later seek a divorce, you'll generally need to file for divorce in the state where you currently reside, following that state's divorce laws and residency requirements, which may differ from Oregon's laws.