106.060 Consentof parent or guardian if applicant under 18
106.077 Issuanceof marriage license; waiting period; exception
106.081 Fetalalcohol syndrome pamphlets
106.100 Countyclerk’s records
106.110 Unlawfulissuance of marriage license prohibited
106.120 Whomay solemnize marriage; fee; personal payment; records
106.130 Validityof marriage solemnized by unauthorized person
106.140 Solemnizingmarriage unlawfully or without authority
106.150 Formof solemnization; witnesses; solemnization before congregation
106.160 Deliveryof commemorative marriage certificate
106.165 Formof commemorative marriage certificate; preparation; rules
106.170 Reportof marriage to county clerk
106.190 Legitimacyof issue of certain imperfect marriages
106.220 Surnameupon entering into marriage
DOMESTICPARTNERSHIP
106.300 Shorttitle
106.305 Legislativefindings
106.310 Definitionsfor ORS 106.300 to 106.340
106.315 Prohibitedand void domestic partnerships
106.320 Formof declaration and certificate of domestic partnership
106.325 Contentsof declaration; filing with county clerk; registry; consent to circuit courtjurisdiction
106.330 Registrationfee
106.335 Surnameupon entering into domestic partnership; legal effect
106.340 Certainprivileges, immunities, rights, benefits and responsibilities granted orimposed
PENALTIES
106.990 Penalties
MARRIAGE
106.010Marriage as civil contract; age of parties. Marriage is a civil contractentered into in person by males at least 17 years of age and females at least17 years of age, who are otherwise capable, and solemnized in accordance withORS 106.150. [Amended by 1965 c.422 §1; 1975 c.583 §1]
106.020Prohibited and void marriages. 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 suchmarriage.
(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 bythe rules of the civil law, except that when the parties are first cousins byadoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 §1]
106.030Voidable marriages.When either party to a marriage is incapable of making such contract orconsenting thereto for want of legal age or sufficient understanding, or whenthe consent of either party is obtained by force or fraud, such marriage shallbe void from the time it is so declared by judgment of a court havingjurisdiction thereof. [Amended by 2003 c.576 §372]
106.040 [Repealed by1953 c.143 §9]
106.041Marriage license; application; record. (1) All persons wishing to enter into amarriage contract shall obtain a marriage license from the county clerk uponapplication, directed to any person or religious organization or congregationauthorized by ORS 106.120 to solemnize marriages, and authorizing the person,organization or congregation to join together as husband and wife the personsnamed in the license.
(2)The State Registrar of the Center for Health Statistics shall provide astandard form of the application, license and record of marriage to be used inthis state that must include:
(a)Each applicant’s Social Security number recorded on a confidential portion of theapplication, license and record of marriage;
(b)Certain statistical data regarding age, place of birth, sex, occupation,residence and previous marital status of each applicant;
(c)The name and address of the affiant under ORS 106.050, if required; and
(d)Each applicant’s name after marriage as provided in ORS 106.220.
(3)Each applicant for a marriage license shall file with the county clerk fromwhom the marriage license is sought a written application for the license onforms prescribed for this purpose by the Center for Health Statistics.
(4)A marriage license must contain the following statement: “Neither you nor yourspouse is the property of the other. The laws of the State of Oregon affirmyour right to enter into marriage and at the same time to live within themarriage free from violence and abuse.”
(5)An applicant may not intentionally make a material false statement in therecords required by this section.
(6)The county clerk may not issue a marriage license until the provisions of thissection and ORS 106.050 and 106.060 are complied with. [1953 c.143 §2; 1981c.152 §1; 1993 c.324 §1; 1995 c.555 §4; 1999 c.80 §67; 2007 c.703 §1]
106.045Fee for marriage license; purpose. (1) In addition to any other feesprovided by law, the county clerk shall collect a fee of $25 upon theapplication for a marriage license.
(2)The county clerk shall regularly pay over to the Oregon Health Authority allmoneys collected under subsection (1) of this section to be credited to theDomestic Violence Fund pursuant to ORS 409.300. [1981 c.357 §1; 1983 c.480 §6;1987 c.740 §1; 2009 c.595 §65a]
Note: 106.045 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 106 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
106.050Proof of age; when affidavit required. (1) The county clerk may accept anyreasonable proof of the applicant’s age satisfactory to the clerk. The clerkmay require proof of age by affidavit of some person other than either of theparties seeking the license if the clerk deems it necessary in order todetermine 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, theapplicant must file with the county clerk an affidavit of some person otherthan either of the parties seeking the license showing the facts other than agenecessary to be shown under ORS 106.060 in the particular case, except theconsent of the parent or guardian required by ORS 106.060 shall not be part ofthe affidavit. The affidavit is sufficient authority to the clerk, so far asthe facts stated therein, for issuing the license. [Amended by 1965 c.467 §1;1969 c.242 §1; 1987 c.340 §1]
106.060Consent of parent or guardian if applicant under 18. A marriagelicense shall not be issued without the written consent of the parent orguardian, if any, of an applicant who is less than 18 years of age, nor in anycase unless the parties are each of an age, as provided in ORS 106.010, capableof contracting marriage. If either party under 18 years of age has no parent orguardian resident within this state and either party has resided within thecounty in which application is made for the six months immediately precedingthe application, the license may issue, if otherwise proper, without theconsent of the nonresident parent or guardian. [Amended by 1965 c.467 §2; 1969c.242 §2; 1973 c.827 §12; 1975 c.583 §2; 1987 c.340 §2]
106.077Issuance of marriage license; waiting period; exception. (1) When thecounty clerk has received the written application for the marriage license fromboth applicants, and all other legal requirements for issuance of the marriagelicense have been met, the county clerk shall issue a marriage license whichshall become effective three days after the date on which the application wassigned by the applicants. The county clerk shall indicate on the license thedate on which the license becomes effective. A license shall be valid for 60days after the effective date.
(2)For good and sufficient cause shown, a written order waiving the three-daywaiting 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 thejudge of probate if the jurisdiction of the circuit court has been extended tocover this section pursuant to ORS 3.275;
(c)A judge of a county court of the county in which the judge of the county courtis 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. [1953c.143 §4(8); 1957 c.592 §1; 1963 c.429 §1; 1967 c.534 §13; 1971 c.456 §1; 1979c.724 §2; 1981 c.152 §2; 1983 c.156 §1; 1989 c.508 §1]
106.080 [Amended by1953 c.143 §9; repealed by 1971 c.282 §4]
106.081Fetal alcohol syndrome pamphlets. When the county clerk issues a marriagelicense, the county clerk shall also give to the licensees a pamphletdescribing the medical condition known as fetal alcohol syndrome, its causesand its effects. The pamphlet shall be provided to the counties by the OregonHealth Authority under ORS 431.825 for distribution under this section. [1987c.340 §3; 2009 c.595 §66]
Note: 106.081 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 106 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
106.090 [Repealed by1981 c.152 §6]
106.100County clerk’s records. (1) The county clerk who issues the marriagelicense shall maintain records relating to marriages licensed in the county.The records must include the names of the parties, the consent of the parent orguardian, if any, the name of the affiant, the substance of the affidavit uponwhich the license issued and the date of the license.
(2)Upon return of the completed application, license and record of marriage underORS 106.170, the county clerk shall add the date of the marriage ceremony tothe clerk’s records maintained under subsection (1) of this section and filethe completed application, license and record of marriage. Except as providedin ORS 205.320, the county clerk may not charge a fee for filing, recording orindexing the application, license and record of marriage.
(3)The county clerk shall, upon completion of the requirements of this section andORS 106.077, deliver the original completed application, license and record ofmarriage to the Center for Health Statistics as required under ORS 432.405.
(4)Notwithstanding any other provision of law, the record of marriage maintainedby a county clerk is not a vital record as defined in ORS 432.005 and is apublic record open and subject to full disclosure. [Amended by 2007 c.703 §2]
106.110Unlawful issuance of marriage license prohibited. No county clerkshall issue a license contrary to the provisions of ORS 106.041 to 106.077 or106.100.
106.120Who may solemnize marriage; fee; personal payment; records. (1) As used inthis section, “judicial officer” means:
(a)A judicial officer of this state as that term is defined in ORS 1.210 andincludes but is not limited to a judge of a municipal court and a justice ofthe 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 authorizedby the congregation or organization to solemnize marriages.
(3)A person authorized to solemnize marriages under subsection (2) of this sectionmay solemnize a marriage anywhere in this state.
(4)(a)When a marriage is solemnized by a tax, appellate or circuit judge of thisstate, the clerk of the court or the county clerk shall collect a fee of $25and deposit the fee in the Judicial Department Operating Account established inORS 1.009.
(b)When a marriage is solemnized by a county clerk, the county clerk shall collecta 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’soffice resources are used in connection with the solemnization.
(d)The Chief Justice of the Supreme Court or the county clerk may establish awritten procedure for waiver of the fee required under this subsection inexigent circumstances, including but not limited to indigency of the parties tothe marriage.
(5)In addition to any fee collected under subsection (4) of this section, ajudicial officer of this state and a county clerk may charge and accept anagreed upon personal payment not to exceed $100 plus actual costs for thesolemnization of a marriage if that solemnization is performed:
(a)At a place other than the courthouse where the judicial officer or county clerkserves; 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 thisstate or a county clerk under subsection (5) of this section does notconstitute 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 acounty 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 milesfrom the judicial officer’s or county clerk’s home or office, whichever isgreater, compensated at the rate of reimbursement then provided by the State ofOregon 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 ofthe amount of personal payments received for performing marriages, of actualcosts and the supporting documentation related thereto for a period of fouryears.
(9)The parties to a marriage solemnized by a tax, appellate or circuit judge ofthis state shall show to the judge proof of payment of the fee required undersubsection (4)(a) of this section before solemnization. Except as provided insubsection (4)(d) of this section, the judge may not solemnize a marriagewithout 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; 2003c.737 §111]
106.130Validity of marriage solemnized by unauthorized person. A marriagesolemnized before any person professing to be a judicial officer of this state,a county clerk or a clergyperson of a religious congregation or organizationtherein is not void, nor shall the validity thereof be in any way affected, onaccount of any want of power or authority in such person, if such person wasacting at the time in the office or the capacity of a person authorized tosolemnize marriage and if such marriage is consummated with the belief on thepart of the persons so married, or either of them, that they have been lawfullyjoined in marriage. [Amended by 1979 c.724 §4; 2001 c.501 §5]
106.140Solemnizing marriage unlawfully or without authority. No person shallundertake to join others in marriage knowing that the person is not lawfullyauthorized so to do. No person authorized to solemnize marriage shall joinpersons in marriage contrary to any of the provisions of ORS 106.010 to 106.060or 106.100 to 106.190.
106.060 Consentof parent or guardian if applicant under 18
106.077 Issuanceof marriage license; waiting period; exception
106.081 Fetalalcohol syndrome pamphlets
106.100 Countyclerk’s records
106.110 Unlawfulissuance of marriage license prohibited
106.120 Whomay solemnize marriage; fee; personal payment; records
106.130 Validityof marriage solemnized by unauthorized person
106.140 Solemnizingmarriage unlawfully or without authority
106.150 Formof solemnization; witnesses; solemnization before congregation
106.160 Deliveryof commemorative marriage certificate
106.165 Formof commemorative marriage certificate; preparation; rules
106.170 Reportof marriage to county clerk
106.190 Legitimacyof issue of certain imperfect marriages
106.220 Surnameupon entering into marriage
DOMESTICPARTNERSHIP
106.300 Shorttitle
106.305 Legislativefindings
106.310 Definitionsfor ORS 106.300 to 106.340
106.315 Prohibitedand void domestic partnerships
106.320 Formof declaration and certificate of domestic partnership
106.325 Contentsof declaration; filing with county clerk; registry; consent to circuit courtjurisdiction
106.330 Registrationfee
106.335 Surnameupon entering into domestic partnership; legal effect
106.340 Certainprivileges, immunities, rights, benefits and responsibilities granted orimposed
PENALTIES
106.990 Penalties
MARRIAGE
106.010Marriage as civil contract; age of parties. Marriage is a civil contractentered into in person by males at least 17 years of age and females at least17 years of age, who are otherwise capable, and solemnized in accordance withORS 106.150. [Amended by 1965 c.422 §1; 1975 c.583 §1]
106.020Prohibited and void marriages. 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 suchmarriage.
(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 bythe rules of the civil law, except that when the parties are first cousins byadoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 §1]
106.030Voidable marriages.When either party to a marriage is incapable of making such contract orconsenting thereto for want of legal age or sufficient understanding, or whenthe consent of either party is obtained by force or fraud, such marriage shallbe void from the time it is so declared by judgment of a court havingjurisdiction thereof. [Amended by 2003 c.576 §372]
106.040 [Repealed by1953 c.143 §9]
106.041Marriage license; application; record. (1) All persons wishing to enter into amarriage contract shall obtain a marriage license from the county clerk uponapplication, directed to any person or religious organization or congregationauthorized by ORS 106.120 to solemnize marriages, and authorizing the person,organization or congregation to join together as husband and wife the personsnamed in the license.
(2)The State Registrar of the Center for Health Statistics shall provide astandard form of the application, license and record of marriage to be used inthis state that must include:
(a)Each applicant’s Social Security number recorded on a confidential portion of theapplication, license and record of marriage;
(b)Certain statistical data regarding age, place of birth, sex, occupation,residence and previous marital status of each applicant;
(c)The name and address of the affiant under ORS 106.050, if required; and
(d)Each applicant’s name after marriage as provided in ORS 106.220.
(3)Each applicant for a marriage license shall file with the county clerk fromwhom the marriage license is sought a written application for the license onforms prescribed for this purpose by the Center for Health Statistics.
(4)A marriage license must contain the following statement: “Neither you nor yourspouse is the property of the other. The laws of the State of Oregon affirmyour right to enter into marriage and at the same time to live within themarriage free from violence and abuse.”
(5)An applicant may not intentionally make a material false statement in therecords required by this section.
(6)The county clerk may not issue a marriage license until the provisions of thissection and ORS 106.050 and 106.060 are complied with. [1953 c.143 §2; 1981c.152 §1; 1993 c.324 §1; 1995 c.555 §4; 1999 c.80 §67; 2007 c.703 §1]
106.045Fee for marriage license; purpose. (1) In addition to any other feesprovided by law, the county clerk shall collect a fee of $25 upon theapplication for a marriage license.
(2)The county clerk shall regularly pay over to the Oregon Health Authority allmoneys collected under subsection (1) of this section to be credited to theDomestic Violence Fund pursuant to ORS 409.300. [1981 c.357 §1; 1983 c.480 §6;1987 c.740 §1; 2009 c.595 §65a]
Note: 106.045 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 106 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
106.050Proof of age; when affidavit required. (1) The county clerk may accept anyreasonable proof of the applicant’s age satisfactory to the clerk. The clerkmay require proof of age by affidavit of some person other than either of theparties seeking the license if the clerk deems it necessary in order todetermine 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, theapplicant must file with the county clerk an affidavit of some person otherthan either of the parties seeking the license showing the facts other than agenecessary to be shown under ORS 106.060 in the particular case, except theconsent of the parent or guardian required by ORS 106.060 shall not be part ofthe affidavit. The affidavit is sufficient authority to the clerk, so far asthe facts stated therein, for issuing the license. [Amended by 1965 c.467 §1;1969 c.242 §1; 1987 c.340 §1]
106.060Consent of parent or guardian if applicant under 18. A marriagelicense shall not be issued without the written consent of the parent orguardian, if any, of an applicant who is less than 18 years of age, nor in anycase unless the parties are each of an age, as provided in ORS 106.010, capableof contracting marriage. If either party under 18 years of age has no parent orguardian resident within this state and either party has resided within thecounty in which application is made for the six months immediately precedingthe application, the license may issue, if otherwise proper, without theconsent of the nonresident parent or guardian. [Amended by 1965 c.467 §2; 1969c.242 §2; 1973 c.827 §12; 1975 c.583 §2; 1987 c.340 §2]
106.077Issuance of marriage license; waiting period; exception. (1) When thecounty clerk has received the written application for the marriage license fromboth applicants, and all other legal requirements for issuance of the marriagelicense have been met, the county clerk shall issue a marriage license whichshall become effective three days after the date on which the application wassigned by the applicants. The county clerk shall indicate on the license thedate on which the license becomes effective. A license shall be valid for 60days after the effective date.
(2)For good and sufficient cause shown, a written order waiving the three-daywaiting 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 thejudge of probate if the jurisdiction of the circuit court has been extended tocover this section pursuant to ORS 3.275;
(c)A judge of a county court of the county in which the judge of the county courtis 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. [1953c.143 §4(8); 1957 c.592 §1; 1963 c.429 §1; 1967 c.534 §13; 1971 c.456 §1; 1979c.724 §2; 1981 c.152 §2; 1983 c.156 §1; 1989 c.508 §1]
106.080 [Amended by1953 c.143 §9; repealed by 1971 c.282 §4]
106.081Fetal alcohol syndrome pamphlets. When the county clerk issues a marriagelicense, the county clerk shall also give to the licensees a pamphletdescribing the medical condition known as fetal alcohol syndrome, its causesand its effects. The pamphlet shall be provided to the counties by the OregonHealth Authority under ORS 431.825 for distribution under this section. [1987c.340 §3; 2009 c.595 §66]
Note: 106.081 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 106 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
106.090 [Repealed by1981 c.152 §6]
106.100County clerk’s records. (1) The county clerk who issues the marriagelicense shall maintain records relating to marriages licensed in the county.The records must include the names of the parties, the consent of the parent orguardian, if any, the name of the affiant, the substance of the affidavit uponwhich the license issued and the date of the license.
(2)Upon return of the completed application, license and record of marriage underORS 106.170, the county clerk shall add the date of the marriage ceremony tothe clerk’s records maintained under subsection (1) of this section and filethe completed application, license and record of marriage. Except as providedin ORS 205.320, the county clerk may not charge a fee for filing, recording orindexing the application, license and record of marriage.
(3)The county clerk shall, upon completion of the requirements of this section andORS 106.077, deliver the original completed application, license and record ofmarriage to the Center for Health Statistics as required under ORS 432.405.
(4)Notwithstanding any other provision of law, the record of marriage maintainedby a county clerk is not a vital record as defined in ORS 432.005 and is apublic record open and subject to full disclosure. [Amended by 2007 c.703 §2]
106.110Unlawful issuance of marriage license prohibited. No county clerkshall issue a license contrary to the provisions of ORS 106.041 to 106.077 or106.100.
106.120Who may solemnize marriage; fee; personal payment; records. (1) As used inthis section, “judicial officer” means:
(a)A judicial officer of this state as that term is defined in ORS 1.210 andincludes but is not limited to a judge of a municipal court and a justice ofthe 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 authorizedby the congregation or organization to solemnize marriages.
(3)A person authorized to solemnize marriages under subsection (2) of this sectionmay solemnize a marriage anywhere in this state.
(4)(a)When a marriage is solemnized by a tax, appellate or circuit judge of thisstate, the clerk of the court or the county clerk shall collect a fee of $25and deposit the fee in the Judicial Department Operating Account established inORS 1.009.
(b)When a marriage is solemnized by a county clerk, the county clerk shall collecta 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’soffice resources are used in connection with the solemnization.
(d)The Chief Justice of the Supreme Court or the county clerk may establish awritten procedure for waiver of the fee required under this subsection inexigent circumstances, including but not limited to indigency of the parties tothe marriage.
(5)In addition to any fee collected under subsection (4) of this section, ajudicial officer of this state and a county clerk may charge and accept anagreed upon personal payment not to exceed $100 plus actual costs for thesolemnization of a marriage if that solemnization is performed:
(a)At a place other than the courthouse where the judicial officer or county clerkserves; 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 thisstate or a county clerk under subsection (5) of this section does notconstitute 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 acounty 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 milesfrom the judicial officer’s or county clerk’s home or office, whichever isgreater, compensated at the rate of reimbursement then provided by the State ofOregon 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 ofthe amount of personal payments received for performing marriages, of actualcosts and the supporting documentation related thereto for a period of fouryears.
(9)The parties to a marriage solemnized by a tax, appellate or circuit judge ofthis state shall show to the judge proof of payment of the fee required undersubsection (4)(a) of this section before solemnization. Except as provided insubsection (4)(d) of this section, the judge may not solemnize a marriagewithout 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; 2003c.737 §111]
106.130Validity of marriage solemnized by unauthorized person. A marriagesolemnized before any person professing to be a judicial officer of this state,a county clerk or a clergyperson of a religious congregation or organizationtherein is not void, nor shall the validity thereof be in any way affected, onaccount of any want of power or authority in such person, if such person wasacting at the time in the office or the capacity of a person authorized tosolemnize marriage and if such marriage is consummated with the belief on thepart of the persons so married, or either of them, that they have been lawfullyjoined in marriage. [Amended by 1979 c.724 §4; 2001 c.501 §5]
106.140Solemnizing marriage unlawfully or without authority. No person shallundertake to join others in marriage knowing that the person is not lawfullyauthorized so to do. No person authorized to solemnize marriage shall joinpersons in marriage contrary to any of the provisions of ORS 106.010 to 106.060or 106.100 to 106.190.
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106.060 Consentof parent or guardian if applicant under 18
106.077 Issuanceof marriage license; waiting period; exception
106.081 Fetalalcohol syndrome pamphlets
106.100 Countyclerk’s records
106.110 Unlawfulissuance of marriage license prohibited
106.120 Whomay solemnize marriage; fee; personal payment; records
106.130 Validityof marriage solemnized by unauthorized person
106.140 Solemnizingmarriage unlawfully or without authority
106.150 Formof solemnization; witnesses; solemnization before congregation
106.160 Deliveryof commemorative marriage certificate
106.165 Formof commemorative marriage certificate; preparation; rules
106.170 Reportof marriage to county clerk
106.190 Legitimacyof issue of certain imperfect marriages
106.220 Surnameupon entering into marriage
DOMESTICPARTNERSHIP
106.300 Shorttitle
106.305 Legislativefindings
106.310 Definitionsfor ORS 106.300 to 106.340
106.315 Prohibitedand void domestic partnerships
106.320 Formof declaration and certificate of domestic partnership
106.325 Contentsof declaration; filing with county clerk; registry; consent to circuit courtjurisdiction
106.330 Registrationfee
106.335 Surnameupon entering into domestic partnership; legal effect
106.340 Certainprivileges, immunities, rights, benefits and responsibilities granted orimposed
PENALTIES
106.990 Penalties
MARRIAGE
106.010Marriage as civil contract; age of parties. Marriage is a civil contractentered into in person by males at least 17 years of age and females at least17 years of age, who are otherwise capable, and solemnized in accordance withORS 106.150. [Amended by 1965 c.422 §1; 1975 c.583 §1]
106.020Prohibited and void marriages. 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 suchmarriage.
(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 bythe rules of the civil law, except that when the parties are first cousins byadoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 §1]
106.030Voidable marriages.When either party to a marriage is incapable of making such contract orconsenting thereto for want of legal age or sufficient understanding, or whenthe consent of either party is obtained by force or fraud, such marriage shallbe void from the time it is so declared by judgment of a court havingjurisdiction thereof. [Amended by 2003 c.576 §372]
106.040 [Repealed by1953 c.143 §9]
106.041Marriage license; application; record. (1) All persons wishing to enter into amarriage contract shall obtain a marriage license from the county clerk uponapplication, directed to any person or religious organization or congregationauthorized by ORS 106.120 to solemnize marriages, and authorizing the person,organization or congregation to join together as husband and wife the personsnamed in the license.
(2)The State Registrar of the Center for Health Statistics shall provide astandard form of the application, license and record of marriage to be used inthis state that must include:
(a)Each applicant’s Social Security number recorded on a confidential portion of theapplication, license and record of marriage;
(b)Certain statistical data regarding age, place of birth, sex, occupation,residence and previous marital status of each applicant;
(c)The name and address of the affiant under ORS 106.050, if required; and
(d)Each applicant’s name after marriage as provided in ORS 106.220.
(3)Each applicant for a marriage license shall file with the county clerk fromwhom the marriage license is sought a written application for the license onforms prescribed for this purpose by the Center for Health Statistics.
(4)A marriage license must contain the following statement: “Neither you nor yourspouse is the property of the other. The laws of the State of Oregon affirmyour right to enter into marriage and at the same time to live within themarriage free from violence and abuse.”
(5)An applicant may not intentionally make a material false statement in therecords required by this section.
(6)The county clerk may not issue a marriage license until the provisions of thissection and ORS 106.050 and 106.060 are complied with. [1953 c.143 §2; 1981c.152 §1; 1993 c.324 §1; 1995 c.555 §4; 1999 c.80 §67; 2007 c.703 §1]
106.045Fee for marriage license; purpose. (1) In addition to any other feesprovided by law, the county clerk shall collect a fee of $25 upon theapplication for a marriage license.
(2)The county clerk shall regularly pay over to the Oregon Health Authority allmoneys collected under subsection (1) of this section to be credited to theDomestic Violence Fund pursuant to ORS 409.300. [1981 c.357 §1; 1983 c.480 §6;1987 c.740 §1; 2009 c.595 §65a]
Note: 106.045 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 106 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
106.050Proof of age; when affidavit required. (1) The county clerk may accept anyreasonable proof of the applicant’s age satisfactory to the clerk. The clerkmay require proof of age by affidavit of some person other than either of theparties seeking the license if the clerk deems it necessary in order todetermine 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, theapplicant must file with the county clerk an affidavit of some person otherthan either of the parties seeking the license showing the facts other than agenecessary to be shown under ORS 106.060 in the particular case, except theconsent of the parent or guardian required by ORS 106.060 shall not be part ofthe affidavit. The affidavit is sufficient authority to the clerk, so far asthe facts stated therein, for issuing the license. [Amended by 1965 c.467 §1;1969 c.242 §1; 1987 c.340 §1]
106.060Consent of parent or guardian if applicant under 18. A marriagelicense shall not be issued without the written consent of the parent orguardian, if any, of an applicant who is less than 18 years of age, nor in anycase unless the parties are each of an age, as provided in ORS 106.010, capableof contracting marriage. If either party under 18 years of age has no parent orguardian resident within this state and either party has resided within thecounty in which application is made for the six months immediately precedingthe application, the license may issue, if otherwise proper, without theconsent of the nonresident parent or guardian. [Amended by 1965 c.467 §2; 1969c.242 §2; 1973 c.827 §12; 1975 c.583 §2; 1987 c.340 §2]
106.077Issuance of marriage license; waiting period; exception. (1) When thecounty clerk has received the written application for the marriage license fromboth applicants, and all other legal requirements for issuance of the marriagelicense have been met, the county clerk shall issue a marriage license whichshall become effective three days after the date on which the application wassigned by the applicants. The county clerk shall indicate on the license thedate on which the license becomes effective. A license shall be valid for 60days after the effective date.
(2)For good and sufficient cause shown, a written order waiving the three-daywaiting 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 thejudge of probate if the jurisdiction of the circuit court has been extended tocover this section pursuant to ORS 3.275;
(c)A judge of a county court of the county in which the judge of the county courtis 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. [1953c.143 §4(8); 1957 c.592 §1; 1963 c.429 §1; 1967 c.534 §13; 1971 c.456 §1; 1979c.724 §2; 1981 c.152 §2; 1983 c.156 §1; 1989 c.508 §1]
106.080 [Amended by1953 c.143 §9; repealed by 1971 c.282 §4]
106.081Fetal alcohol syndrome pamphlets. When the county clerk issues a marriagelicense, the county clerk shall also give to the licensees a pamphletdescribing the medical condition known as fetal alcohol syndrome, its causesand its effects. The pamphlet shall be provided to the counties by the OregonHealth Authority under ORS 431.825 for distribution under this section. [1987c.340 §3; 2009 c.595 §66]
Note: 106.081 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 106 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
106.090 [Repealed by1981 c.152 §6]
106.100County clerk’s records. (1) The county clerk who issues the marriagelicense shall maintain records relating to marriages licensed in the county.The records must include the names of the parties, the consent of the parent orguardian, if any, the name of the affiant, the substance of the affidavit uponwhich the license issued and the date of the license.
(2)Upon return of the completed application, license and record of marriage underORS 106.170, the county clerk shall add the date of the marriage ceremony tothe clerk’s records maintained under subsection (1) of this section and filethe completed application, license and record of marriage. Except as providedin ORS 205.320, the county clerk may not charge a fee for filing, recording orindexing the application, license and record of marriage.
(3)The county clerk shall, upon completion of the requirements of this section andORS 106.077, deliver the original completed application, license and record ofmarriage to the Center for Health Statistics as required under ORS 432.405.
(4)Notwithstanding any other provision of law, the record of marriage maintainedby a county clerk is not a vital record as defined in ORS 432.005 and is apublic record open and subject to full disclosure. [Amended by 2007 c.703 §2]
106.110Unlawful issuance of marriage license prohibited. No county clerkshall issue a license contrary to the provisions of ORS 106.041 to 106.077 or106.100.
106.120Who may solemnize marriage; fee; personal payment; records. (1) As used inthis section, “judicial officer” means:
(a)A judicial officer of this state as that term is defined in ORS 1.210 andincludes but is not limited to a judge of a municipal court and a justice ofthe 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 authorizedby the congregation or organization to solemnize marriages.
(3)A person authorized to solemnize marriages under subsection (2) of this sectionmay solemnize a marriage anywhere in this state.
(4)(a)When a marriage is solemnized by a tax, appellate or circuit judge of thisstate, the clerk of the court or the county clerk shall collect a fee of $25and deposit the fee in the Judicial Department Operating Account established inORS 1.009.
(b)When a marriage is solemnized by a county clerk, the county clerk shall collecta 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’soffice resources are used in connection with the solemnization.
(d)The Chief Justice of the Supreme Court or the county clerk may establish awritten procedure for waiver of the fee required under this subsection inexigent circumstances, including but not limited to indigency of the parties tothe marriage.
(5)In addition to any fee collected under subsection (4) of this section, ajudicial officer of this state and a county clerk may charge and accept anagreed upon personal payment not to exceed $100 plus actual costs for thesolemnization of a marriage if that solemnization is performed:
(a)At a place other than the courthouse where the judicial officer or county clerkserves; 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 thisstate or a county clerk under subsection (5) of this section does notconstitute 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 acounty 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 milesfrom the judicial officer’s or county clerk’s home or office, whichever isgreater, compensated at the rate of reimbursement then provided by the State ofOregon 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 ofthe amount of personal payments received for performing marriages, of actualcosts and the supporting documentation related thereto for a period of fouryears.
(9)The parties to a marriage solemnized by a tax, appellate or circuit judge ofthis state shall show to the judge proof of payment of the fee required undersubsection (4)(a) of this section before solemnization. Except as provided insubsection (4)(d) of this section, the judge may not solemnize a marriagewithout 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; 2003c.737 §111]
106.130Validity of marriage solemnized by unauthorized person. A marriagesolemnized before any person professing to be a judicial officer of this state,a county clerk or a clergyperson of a religious congregation or organizationtherein is not void, nor shall the validity thereof be in any way affected, onaccount of any want of power or authority in such person, if such person wasacting at the time in the office or the capacity of a person authorized tosolemnize marriage and if such marriage is consummated with the belief on thepart of the persons so married, or either of them, that they have been lawfullyjoined in marriage. [Amended by 1979 c.724 §4; 2001 c.501 §5]
106.140Solemnizing marriage unlawfully or without authority. No person shallundertake to join others in marriage knowing that the person is not lawfullyauthorized so to do. No person authorized to solemnize marriage shall joinpersons in marriage contrary to any of the provisions of ORS 106.010 to 106.060or 106.100 to 106.190.
