Legal Question in Family Law in Oregon

ANSWER:

YES, you are married.

From the facts presented, it appears that 3 years ago the parties obtained a marriage license, went through a ceremony with an officiant, witnesses, vows, etc.

As soon as they exchanged vows before the officiant, doing so in the presence of at least two witnesses, they became married to one another (a married couple, i.e., husband and wife) and were no longer unmarried individuals. Had husband dropped dead on the front steps of the church immediately following the wedding ceremony, wife would have become his widow.

ORS 106.170 requires that "A person solemnizing a marriage shall, within 10 days after the marriage ceremony, complete the * * * record of marriage form and deliver the form to the county clerk who issued the marriage license." (The information ultimately gets transferred to Oregon Vital Records.)

The purpose for delivering the "record of marriage form" to the county clerk who issued the marriage license is simply for record-keeping purposes, so as to provide confirmation that a wedding ceremony took place, and where and when it occurred. To suggest that the parties to the wedding ceremony were "never married" because the form that certifies the occurrence of the wedding ceremony was never properly filed is total nonsense, as well as incorrect.

This situation is akin to ORS 432.307, which requires that "A certificate of death for each death that occurs in this state shall be submitted to the county registrar of the county in which the death occurred * * * within five days after death." If the form that certifies the occurrence of a death never gets properly filed, it obviously does not mean that the person who died is somehow still legally alive. A person is dead when the person dies, even if the certificate never gets filed. Likewise, persons who are legally eligible to marry who go through a wedding ceremony are legally married, even if the certificate never gets filed.

ORS 106.150(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 the religious organization or congregation shall deliver to the county clerk who issued the marriage license the application, license and record of marriage in accordance with ORS 106.170.

In sum, the fact that the post-wedding paperwork was not properly or timely filed with the county clerk does NOT mean that the parties were not (or are not) legally married. After all, they DID obtain a marriage license, and they DID go through a ceremony with an officiant, witnesses, vows, etc., the whole shebang. And that made the blessed couple happily married (and no longer unmarried). At least until they get divorced.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]