Many couples don’t consider what the requirements are to obtain a marriage license. Aside from being physically present at one of the 73 offices authorizing marriage licenses, there are five requirements to obtain a marriage license and be legally married in the state of Oklahoma. Just like heterosexual marriages, same sex marriage is legally recognized in Oklahoma as of 2015.
The requirements for marriage are the same for both heterosexual and same sex marriage in Oklahoma. We will identify and discuss the requirements below. In addition, it is always wise to consult a family law attorney prior to marriage; they are able to answer questions related to raising children, how assets are combined, and prenuptial agreements.
License Fee
Once you arrive at one of the county offices, you need to inform one of the clerks you are there to obtain a marriage license and complete the necessary forms. The clerk will require a $50 payment in cash or money order.
You also have the option to complete a state approved marriage counseling course. If you took one of these offered courses, your payment for the license is reduced to $5.
Residency
Oklahoma, just like every other state, does not require you to be a resident of the state to get married or to be legally recognized. Although residency is not a requirement for marriage, knowing what is not required is helpful.
Residency for marriage differs drastically from residency required for divorce proceedings; knowing this information ahead of time can help when planning your ceremony.
Waiting Period
In some states you are required to wait a certain time period after submitting your application for a marriage license. For example, in Alabama, couples that are nonresidents must wait three days after submitting their application before they can receive their marriage license.
In Oklahoma, there is no waiting period. Once you submit your application and you meet all the requirements, you will receive your marriage license.
One exception applies to individuals 16 to 17 years old: there is a 72-hour waiting period if you fall in this age group.
Once you receive your marriage license, you can get married right away. There is not a waiting period from the time you receive your marriage license to the time of the ceremony.
Expiration
Your marriage license can expire if you do not complete the ceremony. In order to have your marriage recognized in Oklahoma you must have the officiant, the individual performing the ceremony, and two witnesses sign the marriage license.
The officiant will return the marriage license to the county clerk. The marriage license must be signed by these individuals within 10 days of receiving your marriage license from the clerk.
If your marriage license expires before your ceremony, you will have to apply for a new one.
Age
In Oklahoma, both individuals must be 18 years or older to be issued a marriage license. Individuals that are age 16 or 17 may obtain a license with parental authorization.
If you are between 18 and 30 years old, it is wise to bring a birth certificate to prove age to the clerk.
Single Status
In order to receive your marriage license, you must be single. You cannot be married to another person, and your divorce must be valid.
If you are divorced, you have to wait six months from the date of the divorce decree and bring the divorce order with you when applying for your marriage license. If your previous spouse is deceased, you need to bring the death certificate with you when you apply for your marriage license.
Initial Consultation with a Tulsa Divorce Lawyer
Same sex marriage proceeds through the same legal process as conventional marriage. Although a wedding is an emotional and exciting time, it is still a legally binding event. Talking to a family law attorney prior to the ceremony is always a good idea in order to ensure you understand all legal factors involved.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a low-cost confidential consultation, call now: 918-924-5526.