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MARRIAGE UNDER OKLAHOMA LAW

Marriage is a personal relation arising out of a civil contract to which the consent of parties legally competent of contracting and of entering into it is necessary, and the marriage relation shall only be entered into, maintained or abrogated as provided by law.

Marriages between ancestors and descendants of any degree, of a stepfather with a stepdaughter, stepmother with stepson, between uncles and nieces, aunts and nephews, except in cases where such relationship is only by marriage, between brothers and sisters of the half as well as the whole blood, and first cousins are declared to be incestuous, illegal and void, and are expressly prohibited. Provided, that any marriage of first cousins performed in another state authorizing such marriages, which is otherwise legal, is hereby recognized as valid and binding in this state as of the date of such marriage.

Common law marriage continues to be recognized in Oklahoma.
 
The laws regarding marriage in Oklahoma may be found at 
www.oscn.net.

Marriage in Oklahoma

If you've just set a date for your wedding, this can be an exciting time for the two of you! Don't let the marriage license laws of Oklahoma put a dent in your wedding plans.  Here's what you need to know and what documents to bring with you before you apply for a Oklahoma marriage license. We recommend getting this legal aspect of your wedding out of the way about a month before your wedding date. Congratulations and much happiness as you begin your lifetime journey together! Since requirements may vary as each county in Oklahoma could have their own requirements, we recommend that you contact the Court Clerk of the county where you plan on getting married.


ID Requirement: Drivers License or certified birth certificate or passport and his or her Social Security number.


Residency Requirement: Do not have to be a resident of Oklahoma.  

If previously married: Bring certified copy of divorce decree or a copy of deceased spouse's death certificate.


Application Requirement: Both parties to a marriage should appear in person to obtain the license.


Fees: $25 - cash or money order only. Couples who take a premarital counseling course "conducted by a health professional or an official representative of a religious institution" will be charged only $5 for a marriage license.  The license is good for 10 days and may be used anywhere in Oklahoma. It must be returned to the Court Clerk for recording within five (5) days of use. 


Waiting Period: No waiting period.


Blood Tests: As of November 1, 2004, you will not need to have a blood test.


Under 18: Parents must appear at the courthouse with the couple to sign a consent form. Minors must wait three days before the marriage license is valid.   A person who is under 16 may not get married without a court order.


Proxy Marriages: No. Both parties must be present.


Common Law Marriage: There is controversy in Oklahoma over common law marriage legislation and whether or not common law marriages are valid in Oklahoma. 


Cousin Marriage: No.


Same Sex Marriages:  No.

Officiants: Ordained ministers of the gospel of any denomination who are at least 18 years of age may perform marriages. Ministers must file a copy of their credentials with the county clerk before performing marriages. Ministers must complete a certificate of marriage and return it to the clerk or judge who issued the marriage license.


Valid: License is valid for 30 days.  The license can only be used within the State of Oklahoma.


Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.


Source:  usmarriagelaws.com and About.com by Sheri & Bob Stritof

Copyright @ 2007 Ann Wright Back at Oklahoma Law 4 Families [OKlaw4families.com].  All rights reserved.  See Legal Disclaimer.  406 South Boulder, Suite 400, Tulsa, Oklahoma  74103  918/599-0426.