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chrisnkimmi

License to officiate marriage

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It does not appear to me that Oregon issues any licenses to persons to solemnize a wedding. The statute says that certain judicial officers in the state or a clergy person of a religious congregation or order may do the solemnization of the wedding. It may be that the religious order requires its clergy to renew their status every so often, but the state does not license them. Even if the clergy member turned out not to be in good standing at the time of the marriage ceremony under Oregon law the marriage would still be good so long as the parties to the marriage had a good faith belief (i.e. lacked knowledge) that the person was not authorized to perform the marriage. If you are looking for some way to attack the validity of the marriage in order to get an easy out from the marriage rather than going through divorce, that’s not going to be easy to do if the couple got the marriage license and the license was returned to the court clerk after the wedding signed by the clergy or judicial official who solemnized the wedding.

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9 hours ago, chrisnkimmi said:

Is it required in the state of Oregon, to renew an officiates license to perform a marriage ceremony?  And if so would a marriage be valid if the Officiates license was expired?

 

Your question doesn't make much sense.

 

Under section 106.120(2) of the Oregon Statutes, "[m]arriages may be solemnized by:  (a) A judicial officer; (b) A county clerk; (c) Religious congregations or organizations as indicated in ORS 106.150 (2); or (d) A clergyperson of any religious congregation or organization who is authorized by the congregation or organization to solemnize marriages."  Nowhere in that statute does it require that such persons have a "license to perform a marriage ceremony," so there's no such thing as an "expired" "Officiates license."  Section 106.130, which you can read at the same link, discusses the validity of marriages performed by persons not authorized by law.

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On ‎9‎/‎28‎/‎2016 at 3:15 PM, FindLaw_RE said:

Hi @chrisnkimmi

 

Welcome to the community and thanks for posting! Could you clarify what sort of officiant this person is? Are you referring to a clergy member, judicial officer, or someone who becomes ordained just to perform a marriage ceremony, such as through the Universal Life Church?

 

The FindLaw.com Team

That is exactly who I am referring to, a person who, through the universal life church, had not renewed there credentials.  Also one party was aware of the lapse in credentials and moved forward with the ceremony anyway, thinking that the marriage would not be valid.  Or at least hoping they would have an out.

 

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I think what you're saying is that, at one time, the officiant was "[a] clergyperson of [a] religious congregation or organization who [was] authorized by the congregation or organization to solemnize marriages" but that, at the time of the ceremony, the officiant was no longer "authorized by the congregation or organization to solemnize marriages."  Correct?

 

I don't know anything about the church in question and whether it has a policy that persons who have not "renewed there [sic] credentials" are no longer "authorized by the congregation or organization to solemnize marriages."  That would seem very odd to me (and I took a quick pass through the FAQ section at the web site to which the moderator linked and saw nothing about a need to "renew" the ordination, so you might want to explain why you think it's necessary).  For example, Catholic priests do not have to "renew" anything; once they're ordained, they're ordained for life unless they are "defrocked" (or whatever the term is).  However, if that's the case, and if one of the parties "was aware of the lapse in credentials," then I think the other party could successfully argue that the marriage was not valid.  If that's something this other party wants to pursue (for whatever reason), then he/she should consult with a local family law attorney but needs to keep in mind that doing so may have significant financial consequences (because income tax returns may need to be refiled and otherwise).

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56 minutes ago, chrisnkimmi said:

That is exactly who I am referring to, a person who, through the universal life church, had not renewed there credentials.  Also one party was aware of the lapse in credentials and moved forward with the ceremony anyway, thinking that the marriage would not be valid.  Or at least hoping they would have an out.

 

 

So one of the couple knew the marriage may not be valid but failed to tell the other this and instead represented to his/her soon to be spouse that the marriage was legitimate? If that’s what happened, the spouse with knowledge that the person performing the wedding ceremony was not authorized to solemnize the marriage has committed fraud on his/her spouse. That could end up badly for that spouse if that becomes known. I would expect that the court would insure in that case that even if the marriage was declared void that the property division would be handled just as if there had been a marriage so that the party committing the fraud will not profit from it.

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