Marriage Laws in Oregon (2026): Your Complete Legal Guide
Getting married in Oregon is exciting. But knowing the rules first can save you a lot of stress. This guide covers everything you need to know about Oregon’s marriage laws in 2026.
What Is Legal Marriage in Oregon?
Marriage in Oregon is a legal contract. Both people agree to enter this contract in person. The state requires you to follow specific steps to make it official.
Oregon updated its marriage laws in 2026. Some big changes took effect on January 1st of this year. You need to know about them before you start planning.
Basic Marriage Requirements in Oregon
Age Requirements
Okay, this one’s important. Oregon raised the minimum marriage age in 2026.
As of January 1, 2026, both parties must be at least 18 years old to get married in Oregon. 17-year-olds can no longer get married, even with parental consent. This change came from Senate Bill 548, signed by Governor Tina Kotek in May 2025.
The bill passed with overwhelming bipartisan support in both the Oregon House and Senate. Basically, Oregon joined a growing number of states putting an end to child marriage for good. Personally, I think this is a smart and long-overdue change.
Who Cannot Get Married
Not everyone can legally marry in Oregon. The law is pretty clear on this.
The following marriages are prohibited and void: when either party already has a living spouse, or when the parties are first cousins or any nearer kin, whether by blood or adoption. Cousins by adoption only are the one exception to that rule.
If you marry someone who is already married, you can legally annul your marriage instead of getting a divorce. That’s different from a divorce, and it’s worth knowing.
Getting Your Oregon Marriage License
Step 1: Apply at the County Clerk’s Office
Here’s where things get practical. You cannot skip this step.
You can go to any Oregon County Clerk’s Office and apply for a marriage license. The fee ranges from $50 to $75, depending on the county. Both of you must be present together when you apply. You both need valid photo ID too.
Wondering if you have to apply in the county where you live? You don’t. You can apply in any county in Oregon.
Step 2: Wait Three Days
So simple, but so easy to forget. Do not plan your ceremony for the same week you apply.
Oregon law has a mandatory three-day waiting period for couples who have applied for marriage licenses. Your license becomes valid on the fourth day after you apply.
Need to skip the wait? You can. The waiting period may be waived by a circuit or county court judge if the couple submits sufficient evidence of exigent circumstances. Some counties charge an extra fee for this waiver, usually between $5 and $25 depending on where you apply.
Step 3: Have Your Ceremony Within 60 Days
Hold on, this part is important. Your license has an expiration date.
Your marriage license expires 60 days after it was issued by the county clerk. You can hold your ceremony anywhere in the state of Oregon. It doesn’t have to be in the county that issued your license.
If your license expires before you hold a ceremony, you will need to apply and pay all over again. No extensions are available.
Who Can Perform Your Ceremony
Sound complicated? It’s actually not. Oregon gives you several good options.
Persons appointed to perform the ceremony by a religious organization (such as ministers, pastors, priests, or rabbis) can legally solemnize marriages. Celebrants or officiants of secular organizations who are authorized to solemnize marriages can too.
You can also have a judge or the county clerk perform your ceremony. Many couples ask a friend or family member to get ordained online too. As long as the online ordination meets the requirements from the State of Oregon, it is just as official as a traditional religious ordination.
Pretty straightforward, right?
Witnesses Are Required
Do not forget your witnesses. You need two of them.
Two witnesses aged 18 or older must be present at the ceremony to sign the marriage license. Neither the officiant nor one of the people getting married can serve as a witness.
Returning Your Marriage License
A lot of couples forget this part. Don’t let that be you.
After the ceremony, the officiant must fill out the marriage license, including their name, title, and ordaining organization. The completed license must be returned to the county clerk’s office within five days. This goes back to the county where the license was originally issued, not where the ceremony took place.
A penalty may be assessed after 35 days if the license is not returned. So make sure your officiant knows this rule before your wedding day.
Prohibited Marriages: What Makes a Marriage Void
Oregon takes this seriously. Some marriages are simply not legal, no matter what.
A marriage is void if one person is already married to someone else. It is also void if the two people are close relatives by blood. This includes parents, siblings, half-siblings, aunts, uncles, and first cousins.
If you marry one of these people, Oregon does not consider your marriage legal. It’s called a void marriage. A void marriage is different from a divorce. It means the marriage never legally existed.
Same-Sex Marriage in Oregon
This is clear and settled. Same-sex marriage is fully legal in Oregon.
Before 2014, same-sex couples in Oregon couldn’t get married. That changed more than a decade ago. Today, same-sex couples have exactly the same rights and follow exactly the same process as any other couple.
Common-Law Marriage in Oregon
A lot of people are confused about this one. You’re not alone.
In Oregon, you must get a license and have a wedding to be considered legally married. Oregon does not recognize common-law marriage formed within the state. Living together for years does not make you legally married in Oregon.
There is one exception worth knowing. If you had a common-law marriage in another state, Oregon would recognize your common-law marriage if you moved here. So if you formed a valid common-law marriage somewhere else, Oregon will honor it.
Name Changes After Marriage in Oregon
Wait, it gets better. Oregon actually gives you an easy option for changing your name.
Under state laws, married individuals have the right to maintain their names after marriage, take a spouse’s name, or combine both. You choose. Nobody forces you to change anything.
The name change options on the Oregon marriage license are limited. The document only allows people to change their name to their partner’s last name or have a combination of their two last names. If you want a different kind of name change, you would need to go through a separate court process.
Decide before you apply for your license. The name you put on the license is what gets recorded officially.
Getting Married After a Divorce
Divorced recently? You need to know this rule.
A license can be issued one day after the final date of a divorce. You cannot apply before your divorce is fully finalized. You will need to provide the final divorce date on your marriage license application.
Remember, the standard three-day waiting period still applies after the license is issued. So plan accordingly.
2026 Law Update: Military Remote Ceremonies
Here’s a new development worth knowing about.
Oregon lawmakers are considering a new law that would allow service members to appear at their marriage ceremony remotely under specific conditions, if they cannot appear in person while deployed. These conditions would include a judicial officer to conduct the ceremony and the service member appearing via audio-video technology.
This is still moving through the Oregon legislature as of mid-2026. If you or your partner are active military, it’s worth keeping an eye on this one.
Frequently Asked Questions
How much does a marriage license cost in Oregon?
The fee ranges from $50 to $75, depending on the county. The fee is non-refundable, even if you decide not to get married.
Can a friend officiate my wedding in Oregon?
Yes, as long as they are ordained. There are no laws, offices, or procedures requiring officiants to register with any government office in Oregon. Online ordination is accepted as long as it meets state requirements.
Do I have to be an Oregon resident to get married here?
No. There are no residency requirements to get a marriage license in Oregon. Anyone can apply regardless of where they live.
Can 17-year-olds still get married in Oregon?
No. As of January 1, 2026, 17-year-olds may no longer get married in Oregon, even with parental consent.
What happens if my officiant doesn’t return the license?
A penalty may be assessed after 35 days if the license is not returned to the county clerk’s office. Make sure your officiant understands this responsibility before your wedding day.
Does Oregon recognize marriages performed in other states?
Yes. Oregon recognizes legal marriages performed in other states and countries, including same-sex marriages.
Final Thoughts
Oregon’s marriage laws are actually pretty simple once you know the basics. Get your license, wait three days, have a ceremony with an authorized officiant and two witnesses, and return the paperwork within five days. That’s really it.
The big change to remember in 2026 is the new minimum age of 18. No exceptions, no parental waivers. If you or someone you know is planning to marry, make sure everyone meets this requirement.
Now you know the rules. Stay informed, plan ahead, and when in doubt, call your local county clerk’s office. They are genuinely helpful and can answer questions specific to your situation.
