Does Oregon Recognize Common Law Marriage?
Oregon does not recognize common law marriages. In Oregon you must have a marriage license and follow the procedure required by law in order to be legally married. This means you cannot hold yourselves out publicly as though you are married to each of your friends, families or colleagues. With that said , just because you cannot be common law married does not mean that your relationship is without rights and obligations.
Even though you are not legally married you may have "Palimony" rights. The courts may divide marital property. So for example you may pursue rights under special circumstances like joint property ownership or financial support.
If you have children together out of wedlock it does not mean you are off the hook. You can still have the child support obligation.
Common Law Marriage Myths
The only requirement in Oregon to be married is to have a valid marriage license, which means that you cannot be denied a license because you have not been married for a certain amount of time. In fact, there are zero requirements concerning the duration of marriage to get married in Oregon. You may hear that you must be living together for a year before you can get married, but this is entirely false. If you want to get married the day after your first date, then you can do so without breaking any laws in the state of Oregon.
That being said, it’s important to keep in mind that just because you are not required to live together for a certain amount of time, that does not mean that you can automatically file a divorce after a month of being married. If you are planning to file for divorce soon after a hasty wedding, then you will have to establish residency in a different state where you fulfill that state’s residency requirements. For instance, Washington requires you to live there for three months before you are eligible to file for divorce.
Marriage “Formalities”
To be legally married in Oregon, couples must meet standard requirements. There are several different ways that people can be married in Oregon. In this section, we will discuss how a marriage is performed legally. While in some states common law marriage can be an option, in Oregon a marriage must be performed by a legal officiant.
In Oregon, the parties must obtain a marriage license and have the marriage solemnized and registered. A marriage license is a type of written consent from the government of a state to permit two parties to marry one another. Obtaining the marriage license is the first step of the marriage process in the state. You do not have to physically live in the county that issues your license. However, at least one party must be present to make the application for the license.
Both parties must consent to the marriage and must also be legally able to marry. This means that neither person can be currently married and both parties must be at least 17 years of age. If either party is under the age of 18, the minor must be approved to marry by a circuit court judge.
The parties must each have a form of identification that bears their names. Acceptable forms include a driver’s license, an ID card, a passport, a certified birth certificate or another government issued ID card. You should not bring original forms of identification with you, but rather bring a copy. Some counties in Oregon will accept a photocopy of the ID, but others will ask for the original. It is best to contact the county that you will apply through to learn more about their policies.
Some counties in Oregon will require you to take a blood test before the marriage license application. However, this has not been a common practice since the blood tests have been found to be misused in many states. Before you obtain the marriage license, you should check to see if there are any other requirements that may apply to you.
Common law marriage is no longer an option in the state of Oregon. Before 1963, people in Oregon could enter into common law marriages, which are marriages that do not meet all of the legal requirements to be considered valid. Oregon no longer recognizes common law marriage.
Common Law Marriage in Other States
Common law marriage is not a universal concept. Many states have repealed common law marriage laws either entirely or in terms of future recognition. Twenty-one states and the District of Columbia still recognize common law marriage. Sixteen states have repealed common law marriage but recognize marriages that predate the repeal. Oregon is one of the 13 states that have never recognized common law marriage.
Like Oregon, some states do not require couples to go through a formal ceremony in order to be considered married. However, to be considered married by doing nothing at all, those couples usually must satisfy additional requirements. For example, if a couple is living together and holding themselves out to family and friends as "married," they could be found to have entered into a common law marriage in Nevada. If a couple is not in Nevada but living in or just passing through, their relationship can still be formed into a valid common law marriage by way of the exception found in Section 120 of the Nevada Revised Statutes. This allows common law marriage to occur if the parties have declared themselves married in another state where common law marriage was recognized, and the parties lived there in this regard. The common law marriage is then deemed to have occurred upon entry into Nevada.
The states that still recognize common law marriage are:
• Alabama (limited, must still meet additional conditions);
• Colorado;
• District of Columbia;
• Georgia (limited, must still meet additional conditions);
• Idaho (limited, must still meet additional conditions);
• Iowa (limited, must still meet additional conditions);
• Kansas;
• Montana;
• New Hampshire (limited, must still meet additional conditions);
• New Mexico;
• Oklahoma (limited, must still meet additional conditions);
• Rhode Island (limited, must still meet additional conditions);
• South Carolina;
• Texas;
• Utah (limited, must still meet additional conditions);
• and the U . S. Virgin Islands.
Currently, sixteen states have repealed their common law marriage statutes but recognize common law marriages that predate the repeal. These states are:
• Arizona (applies to relationships prior to 1/1/87);
• Georgia (limited, must still meet additional conditions);
• Idaho (limited, must still meet additional conditions);
• Illinois (applies to relationships prior to 1/1/10);
• Kentucky (for the most part, applies to relationships prior to 6/30/14);
• Massachusetts (applies to relationships prior to 4/1/01);
• Michigan (for the most part, applies to relationships prior to 3/12/10);
• Nebraska (applies to relationships prior to 8/1/93);
• Montana (for the most part, applies to relationships prior to 7/1/18);
• New Jersey (for the most part, applies to relationships prior to 3/1/16);
• New York (for the most part, applies to relationships prior to 9/1/16);
• Ohio (limited, must still meet additional conditions);
• Pennsylvania (applies to relationships prior to 1/2/05);
• South Carolina (limited, must still meet additional conditions);
• Tennessee (for the most part, applies to relationships prior to 1/1/17);
• Utah (limited, must still meet additional conditions); and
• Wyoming.
Therefore, when a couple who is determined to have entered into a common law marriage relocates from a state that recognizes common law marriage to either Oregon or a state that has repealed its common law marriage law, all must be done to terminate the relationship or they could find themselves legally bound to each other for eternity.
Legal Options for Cohabiting Couples
In Oregon, several legal alternatives exist for unmarried couples who reside together. These alternative arrangements are: (1) domestic partnerships, (2) cohabitation agreements, or (3) entering into a mutually enforceable contract to protect your rights.
If you are an unmarried couple, you may consider registering as a domestic partnership under Oregon law. A domestic partnership allows two adults to register with the state to receive certain rights and benefits historically reserved for legally married couples. This state domestic partnership allows more rights than a mere cohabitation agreement states, but less rights than legal marriage affords.
A domestic partnership allows any two persons, regardless of sex, who are not also married to one another or in another domestic partnership, to jointly file an application for domestic partnership with the Secretary of State.
Oregon domestic partnerships offer the following legal rights:
• The right to file separate or joint state income tax returns for income tax purposes
• The same inheritance rights afforded to legally married spouses
• The right to sue for losses or damages that result from wrongful death
• The right to workers’ compensation benefits for former domestic partners
• Decision making authority for medical care, such as the right to make medical or surgical decisions on behalf of either domestic partner in the event either partner is unable to do so
• Right of burial
• Health care decision-making rights
DOMA ("Defense of Marriage Act") has been declared unconstitutional. As a result, additional federal rights, benefits, and obligations based on marital status, will be available to those registered as domestic partners.
Of course, domestic partnerships are not for everyone. They come with many obligations and restrictions.
However, if you enter into a domestic partnership with another person, some preparation may be necessary.
You should also consider executing a cohabitation agreement before living together with your partner. A cohabitation agreement typically sets forth each partner’s legal rights and obligations to one another with respect to shared assets, money and debts.
The cohabitation agreement sets forth how property acquired during the domestic partnership will be divided in the case of a break-up. A cohabitation agreement may also mitigate any future disputes with a former domestic partner. Cohabitation agreements usually include:
• Names of the parties, residences of the parties, duration of relationship, intentions of the parties, background and education
• Assets, liabilities, bank accounts, retirement accounts, investments
• How income, expenses, other financial issues will be handled
• Property, real property, personal property issues
• Agreement does not interfere with each party’s right to earn a living
• Agreement does not interfere with either party’s right to make gifts (such as to children)
• Effect on social security and benefits
• Responsibilities to children, pets, etc.
• How change in status of relationship is to be handled (i.e., marriage, separation, death)
• Other provisions as the parties deem necessary and important
Without a Cohabitation Agreement, all of the above issues remain uncertain with respect to either of the former partners.
You should consider cohabitation agreements and domestic partnerships if you have already been living together as a couple before registering as domestic partners. However, to draft a cohabitation agreement, you may have to obtain the services of an experienced attorney.
If you have not yet lived together with your domestic partner for any significant period of time, or if you do not desire to maintain a long-term domestic partnership with your partner, then it may be wise to skip the cohabitation agreement and the act of registering as a domestic partnership altogether.
At the very least, you should consider attorney representation to advise you on applicable rights when living together as a couple.
Significance for Children and Assets
Because Oregon does not recognize common law marriage, couples who believe they are legally married do not have the same rights as those who have undergone a formal legal marriage. For example, in the case of a divorce, Oregon law governs property distribution for all couples with validity of the marriage determined by the date the couple filed their marriage application and subsequent marriage license rather than by a common law standing. In the event that one or both spouses die, a battle may ensue over the debt of their jointly owned property if their relationship has gone unrecognized by the state. Other property issues can arise resulting from debt obligations or medical decisions made while one of the partners was hospitalized . Be sure to seek legal counsel in these scenarios, or any others that you think may apply.
Numerous child custody issues may arise for couples who believe they are legally married but are in fact cohabitating in a common law relationship. Without the same entitlements granted to married couples when it comes to their children, such couples may not have the legal standing to make decisions regarding medical treatment or other critical issues during a time of crisis. A child support dispute between unmarried parents can also be messy and complicated, particularly if there is insufficient evidence to determine paternity.