Legal Question in Family Law in Oregon

Am I legally married?

In Oregon, my future wife and I got a marriage license in July, 2000 and 2 days later had a brief private ceremony at a remote outdoor location performed by a minister that was picked off of a list that the state supplied. I signed the license, there was a witness ( a tourist ) who signed the license, and we all left.

Here 8 years later I have discovered that the minster never filed the paperwork with the state. On top of that the state records office has no idea who the minster was. He didn't give me any paperwork. I didn't know him. After 8 years any infomation that we had with his name or phone number on it has been misplaced or tossed. Even if we did find him the license has to be filed within 60 days or it expires.

Am I married or not?

There are insurance issues, debt liabilties, we have kids ....


Asked on 8/30/08, 4:12 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Am I legally married?

Yes..... You are married. Regardless of when, if every, the paperwork gets properly filed, you were married from the moment you and the person you were marrying exchange wedding vows in the presence of at least two witness and the person who officiated the ceremony.

In other words, a marriage is established by virtue of going through a wedding ceremony. The legal paperwork serves only to verify for govenmental record keeping purposes that a wedding ceremony occured. So it isn't the paperwork the makes for a marriage. Rather, it is the ceremony. Once that occurs, you are married. Simply as that.

(Keep in mind that if people who go through a wedding ceremony are still not married to one another until the legal paperwork gets filed at some future time, a lot of women who were saving their virginity until they were married are going to be VERY upset. How many people do you know who put off the honeymoon and the wedding nite until they get confirmation from the county clerk that the paperwork has been filed?)

Read more
Answered on 8/30/08, 6:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon