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USA Statutes : oregon
Title : TITLE 11 DOMESTIC RELATIONS
Chapter : Chapter 106 Marriage
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Marriage is a
civil contract entered into in person by males at least 17 years of age
and females at least 17 years of age, who are otherwise capable, and
solemnized in accordance with ORS 106.150. [Amended by 1965 c.422 §1;
1975 c.583 §1] The following marriages are
prohibited; and, if solemnized within this state, are absolutely void:
(1) When either party thereto had a wife or husband living at the
time of such marriage.
(2) When the parties thereto are first cousins or any nearer of kin
to each other, whether of the whole or half blood, whether by blood or
adoption, computing by the rules of the civil law, except that when the
parties are first cousins by adoption only, the marriage is not
prohibited or void. [Amended by 1989 c.647 §1] When either party to a marriage is
incapable of making such contract or consenting thereto for want of legal
age or sufficient understanding, or when the consent of either party is
obtained by force or fraud, such marriage shall be void from the time it
is so declared by judgment of a court having jurisdiction thereof.
[Amended by 2003 c.576 §372] (1) All persons wishing to
enter into a marriage contract shall obtain a license therefor from the
county clerk upon application, directed to any person or religious
organization or congregation authorized by ORS 106.120 to solemnize
marriages, and authorizing such person, organization or congregation to
join together as husband and wife the persons named in the license.
(2) No license shall be issued by the county clerk until the
provisions of this section, ORS 106.050 and 106.060 are complied with.
(3) Each applicant for a marriage license shall file with the
county clerk from whom the license is sought a written application for
the license on forms provided for this purpose by the Department of Human
Services which shall include the applicant’s Social Security number,
certain statistical data regarding age, place of birth, sex, occupation,
residence and previous marital status of the applicant and, if required,
the name and address of the affiant under ORS 106.050.
(4) A license issued after July 13, 1995, must contain the
following statement: “Neither you nor your spouse is the property of the
other. The laws of the State of Oregon affirm your right to enter into
marriage and at the same time to live within the marriage free from
violence and abuse.” [1953 c.143 §2; 1981 c.152 §1; 1993 c.324 §1; 1995
c.555 §4; 1999 c.80 §67] (1) In addition to any
other fees provided by law, the county clerk shall collect a fee of $25
upon the application for a marriage license.
(2) The county clerk shall regularly pay over to the Director of
Human Services all moneys collected under subsection (1) of this section
to be credited to the Domestic Violence Fund pursuant to ORS 409.300.
[1981 c.357 §1; 1983 c.480 §6; 1987 c.740 §1]Note: 106.045 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 106 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The county clerk
may accept any reasonable proof of the applicant’s age satisfactory to
the clerk. The clerk may require proof of age by affidavit of some person
other than either of the parties seeking the license if the clerk deems
it necessary in order to determine the age of an applicant to the clerk’s
satisfaction.
(2) If an applicant for a marriage license is less than 18 years of
age, the applicant must file with the county clerk an affidavit of some
person other than either of the parties seeking the license showing the
facts other than age necessary to be shown under ORS 106.060 in the
particular case, except the consent of the parent or guardian required by
ORS 106.060 shall not be part of the affidavit. The affidavit is
sufficient authority to the clerk, so far as the facts stated therein,
for issuing the license. [Amended by 1965 c.467 §1; 1969 c.242 §1; 1987
c.340 §1] A
marriage license shall not be issued without the written consent of the
parent or guardian, if any, of an applicant who is less than 18 years of
age, nor in any case unless the parties are each of an age, as provided
in ORS 106.010, capable of contracting marriage. If either party under 18
years of age has no parent or guardian resident within this state and
either party has resided within the county in which application is made
for the six months immediately preceding the application, the license may
issue, if otherwise proper, without the consent of the nonresident parent
or guardian. [Amended by 1965 c.467 §2; 1969 c.242 §2; 1973 c.827 §12;
1975 c.583 §2; 1987 c.340 §2]
(1) When the county clerk has received the written application for the
marriage license from both applicants, and all other legal requirements
for issuance of the marriage license have been met, the county clerk
shall issue a marriage license which shall become effective three days
after the date on which the application was signed by the applicants. The
county clerk shall indicate on the license the date on which the license
becomes effective. A license shall be valid for 60 days after the
effective date.
(2) For good and sufficient cause shown, a written order waiving
the three-day waiting period provided in subsection (1) of this section
may be signed by:
(a) A judge of probate of the county;
(b) A circuit court judge of the county in which the circuit court
judge is not the judge of probate if the jurisdiction of the circuit
court has been extended to cover this section pursuant to ORS 3.275;
(c) A judge of a county court of the county in which the judge of
the county court is not the judge of probate if the circuit court judge
does not reside therein; or
(d) The county clerk or official responsible for issuing the
marriage license. [1953 c.143 §4(8); 1957 c.592 §1; 1963 c.429 §1; 1967
c.534 §13; 1971 c.456 §1; 1979 c.724 §2; 1981 c.152 §2; 1983 c.156 §1;
1989 c.508 §1] When the county clerk
issues a marriage license, the county clerk shall also give to the
licensees a pamphlet describing the medical condition known as fetal
alcohol syndrome, its causes and its effects. The pamphlet shall be
provided to the counties by the Department of Human Services under ORS
431.825 for distribution under this section. [1987 c.340 §3]Note: 106.081 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 106 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.The person solemnizing the marriage may
retain the marriage license in the possession of the person. The clerk
who issues the license, before delivering it, shall enter in the marriage
book a memorandum of the names of the parties, the consent of the parent
or guardian, if any, the name of the affiant, the substance of the
affidavit upon which the license issued and the date of the license. No county
clerk shall issue a license contrary to the provisions of ORS 106.041 to
106.077 or 106.100.
(1) As used in this section, “judicial officer” means:
(a) A judicial officer of this state as that term is defined in ORS
1.210 and includes but is not limited to a judge of a municipal court and
a justice of the peace.
(b) An active judge of a federal court.
(c) An active United States magistrate judge.
(2) Marriages may be solemnized by:
(a) A judicial officer;
(b) A county clerk;
(c) Religious congregations or organizations as indicated in ORS
106.150 (2); or
(d) A clergyperson of any religious congregation or organization
who is authorized by the congregation or organization to solemnize
marriages.
(3) A person authorized to solemnize marriages under subsection (2)
of this section may solemnize a marriage anywhere in this state.
(4)(a) When a marriage is solemnized by a tax, appellate or circuit
judge of this state, the clerk of the court or the county clerk shall
collect a fee of $25 and deposit the fee in the Judicial Department
Operating Account established in ORS 1.009.
(b) When a marriage is solemnized by a county clerk, the county
clerk shall collect a fee of $25, as provided in ORS 205.320.
(c) The fee described in this subsection may be collected only if:
(A) The marriage is solemnized during normal working hours,
excluding holidays;
(B) The marriage is solemnized in court facilities or a county
clerk’s office; or
(C) More than a minimal amount of staff time or other court or
county clerk’s office resources are used in connection with the
solemnization.
(d) The Chief Justice of the Supreme Court or the county clerk may
establish a written procedure for waiver of the fee required under this
subsection in exigent circumstances, including but not limited to
indigency of the parties to the marriage.
(5) In addition to any fee collected under subsection (4) of this
section, a judicial officer of this state and a county clerk may charge
and accept an agreed upon personal payment not to exceed $100 plus actual
costs for the solemnization of a marriage if that solemnization is
performed:
(a) At a place other than the courthouse where the judicial officer
or county clerk serves; or
(b) Outside of the judicial officer’s or county clerk’s normal
working hours.
(6) The charging and accepting of a personal payment by a judicial
officer of this state or a county clerk under subsection (5) of this
section does not constitute a violation of any of the provisions of ORS
chapter 244.
(7) The amount of actual costs charged by a judicial officer of
this state or a county clerk under subsection (5) of this section may not
exceed:
(a) Actual expenses for food and lodging as verified by receipts.
(b) If travel is made by personal vehicle, the actual number of
round-trip miles from the judicial officer’s or county clerk’s home or
office, whichever is greater, compensated at the rate of reimbursement
then provided by the State of Oregon to its employees or, if travel is
made by a commercial carrier, reimbursement shall be made of the actual
costs thereof, verified by receipts.
(8) A judicial officer of this state or a county clerk shall
maintain records of the amount of personal payments received for
performing marriages, of actual costs and the supporting documentation
related thereto for a period of four years.
(9) The parties to a marriage solemnized by a tax, appellate or
circuit judge of this state shall show to the judge proof of payment of
the fee required under subsection (4)(a) of this section before
solemnization. Except as provided in subsection (4)(d) of this section,
the judge may not solemnize a marriage without proof of payment of the
fee. [Amended by 1971 c.621 §22; 1975 c.607 §22; 1977 c.518 §2; 1979
c.724 §3; 1979 c.833 §24; 1981 c.176 §1; 1991 c.282 §1; 1991 c.458 §1;
1997 c.424 §1; 1999 c.776 §1; 2001 c.501 §1; 2003 c.565 §1; 2003 c.737
§111] A
marriage solemnized before any person professing to be a judicial officer
of this state, a county clerk or a clergyperson of a religious
congregation or organization therein is not void, nor shall the validity
thereof be in any way affected, on account of any want of power or
authority in such person, if such person was acting at the time in the
office or the capacity of a person authorized to solemnize marriage and
if such marriage is consummated with the belief on the part of the
persons so married, or either of them, that they have been lawfully
joined in marriage. [Amended by 1979 c.724 §4; 2001 c.501 §5] No
person shall undertake to join others in marriage knowing that the person
is not lawfully authorized so to do. No person authorized to solemnize
marriage shall join persons in marriage contrary to any of the provisions
of ORS 106.010 to 106.060 or 106.100 to 106.190.(1) In the solemnization of a marriage no particular form
is required except that the parties thereto shall assent or declare in
the presence of the clergyperson, county clerk or judicial officer
solemnizing the marriage and in the presence of at least two witnesses,
that they take each other to be husband and wife.
(2) All marriages, to which there are no legal impediments,
solemnized before or in any religious organization or congregation
according to the established ritual or form commonly practiced therein,
are valid. In such case, the person presiding or officiating in such
religious organization or congregation shall make and deliver to the
county clerk who issued the marriage license the certificate described in
ORS 106.170. [Amended by 1979 c.724 §5; 2001 c.501 §2] The person solemnizing
the marriage shall give to the parties to the marriage a marriage
certificate in the form prescribed in ORS 106.165 (1) and (2). [Amended
by 1975 c.277 §4] (1) The
Director of Human Services by rule shall prescribe a standard form of the
marriage certificate to be used in this state. The certificate shall
contain the names and addresses of the parties and of at least two
witnesses, the date and place of the marriage, the signature of the
person who solemnized the marriage, the date of the license for the
marriage and the name of the county clerk who issued the license.
(2) The form shall be of such size and appearance as to emphasize
the importance of the event that it evidences and the significance of the
pioneer heritage of this state.
(3) In carrying out the duties imposed by subsections (1) and (2)
of this section, the Director of Human Services shall consult with the
county clerks and may authorize a competition among graphic artists to
prepare the form to be prescribed. [1975 c.277 §§1,2; 2001 c.501 §6]Note: 106.165 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 106 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A person
solemnizing a marriage shall within one month thereafter make and deliver
to the county clerk who issued the license for the marriage a certificate
containing:
(a) The names and addresses of the parties and the names of at
least two witnesses;
(b) The date and place of the marriage;
(c) The date of the marriage license and the name of the county
that issued the license;
(d) If the person who solemnized the marriage is a clergyperson,
the name and location of the religious congregation or organization that
authorized the person to solemnize marriages; and
(e) The signature of the person who solemnized the marriage.
(2) The certificate may be in the following form:
___________________________________________________________________________
___State of Oregon, )
) ss.
County of_____, )This is to certify that the undersigned (judicial officer, county
clerk or clergyperson, as the case may be), by authority of a marriage
license bearing date the _____ of_____, 2__, and issued by the county
clerk of the County of______, did on the _____ day of_____, 2__, at the
house of______, in the county and state aforesaid, join in lawful
wedlock, A. B., of the County of______, and State of______, and C. D., of
the County of ______, and State of______, with their mutual assent, in
the presence of E. F. and G. H., witnesses. If the undersigned is a
clergyperson, the authority to solemnize the marriage is granted by
______ (name of religious congregation or organization), located in
______ (city, town or county, and state or country).
Witness my hand.J. P.
(Judicial officer, county clerk or clergyperson, as the case may
be.)
___________________________________________________________________________
___[Amended by 1981 c.176 §2; 2001 c.501 §3] (1) The county
clerk shall file the certificate mentioned in ORS 106.170 and record it
in the record of marriages. No fee shall be charged for such filing,
recording or indexing.
(2) Notwithstanding any other provision of law, the record of
marriage maintained by a county clerk is not a vital record as defined by
ORS 432.005 and is a public record open and subject to full disclosure.
[Amended by 1999 c.776 §2] (1) The
issue of marriages void under ORS 106.020 are legitimate.
(2) All children conceived or born of parents who married or who
may hereafter marry prior to the expiration of six months from the date
of a judgment of divorce or declaring a marriage void rendered in a suit
to which one of the parents was a party or during the period of an appeal
from such a judgment, if the marriage is in all other respects regular,
are legitimate. [Amended by 2003 c.576 §373]Any marriage in all other respects legal and regular
but heretofore void by reason of:
(1) Oregon Laws of 1866, section 1, page 10 (section 23-1010,
O.C.L.A.) prohibiting marriage between a white person and one having
Negro, Chinese, Kanaka or Indian blood, or
(2) Section 2 of the Act entitled “An Act to regulate marriages,”
approved October 17, 1862 (section 63-102, O.C.L.A.) prohibiting
marriages between a white person and one having Negro or Mongolian blood,
hereby is declared valid; and any child conceived or born of such
marriage shall be deemed legitimate. [1955 c.694 §1; 1959 c.531 §1] Upon
entering into marriage, either person may retain the prior surname, and
either person may resume the person’s prior legal name during the
marriage. [1975 c.733 §3; 1981 c.775 §7](1) Violation of ORS 106.079 is punishable, upon
conviction, by a fine of not more than $100 or by imprisonment in the
county jail for not more than 30 days, or both.
(2) Violation of ORS 106.110 or 106.140 is punishable upon
conviction by imprisonment in the custody of the Department of
Corrections or county jail for not more than one year, or by a fine of
not more than $500 nor less than $100.
(3) Refusal or neglect to comply with ORS 106.170 shall result in
the forfeiture of a penalty of not less than $10 nor more than $50 to be
recovered by action for every five days of such refusal or neglect.
[Amended by 1953 c.143 §9; subsection (1) enacted as 1953 c.143 §5; 1981
c.152 §4; 1987 c.320 §16; 1999 c.776 §3; 2001 c.501 §7]
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