Key Takeaways:
- Common-law marriage means that after living together for many years, the law automatically recognizes the partners as married.
- You can’t create a common-law marriage in Oregon, but it does recognize common-law marriages from other states if the couple meets that state’s requirements.
- Oregon does have Registered Domestic Partnerships, per the Oregon Family Fairness Act.
- You must file a Declaration of Oregon Registered Domestic Partnership form; the union does not happen automatically.
- Since the OFFA is specific to couples in Oregon, it does not recognize domestic partnerships or civil unions from other states.
- If you have kids, the court considers child custody, child support, visitation, and other concerns the same way, whether you are married or not.
- Unmarried fathers have the same rights as long as paternity has been established.
A lot goes into a relationship between two people. Navigating interpersonal affairs often resembles a high-wire act. At a basic level, however, marriage is relatively simple. You either are, or you aren’t, right?
People toss the term common-law marriage around quite a bit, so it begs the question: Does Oregon have common-law marriage?
What Is Common-Law Marriage?
In a broad sense, the term common-law marriage means that after living together for many years without officially marrying, the law recognizes the partners as married. Practically, how it works is usually more complicated than that, but those are the basics.
It’s a kind of de facto marriage or marriage by default. A couple shares bank accounts, often has kids, and generally view each other as spouses.
How common-law marriage works also varies from place to place. In reality, it’s only a factor in a limited number of locations and a handful of states.
Does Oregon Have Common-Law Marriage?
The short answer is no, Oregon doesn’t have common-law marriage. With so many misconceptions about the concept, Oregon keeps it simple. You can’t create a common-law marriage here.
However, the state does acknowledge those from other places. According to the Oregon State Bar:
“[I]f a couple is from a state that acknowledges common-law marriages, and the couple meets the requirements of common-law marriage of that state, then the state of Oregon will recognize the marriage of that state as valid in Oregon.”
Registered Domestic Partnerships
While Oregon doesn’t recognize common-law marriage, it does have Registered Domestic Partnerships under the Oregon Family Fairness Act.
A registered domestic partnership is: “a civil contract entered into between two individuals who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon.” (Oregon Revised Statute 106.310).
You must complete a Declaration of Oregon Registered Domestic Partnership form. These forms can be filed at any county clerk’s office in Oregon. They must be signed in front of a notary. The filing fee is $60, but some counties charge notary fees.
Since the Oregon Family Fairness Act applies specifically to domestic partnerships registered in Oregon, it does not recognize them from other states, unlike common-law marriages. Oregon does not acknowledge civil unions from other states either.
Form Instructions: Completing the Domestic Partnership Form
Form: Oregon Registered Domestic Partnership Form
Rights of Unmarried and Unregistered Partners
Cohabitation without filing paperwork with the government happens more frequently now than ever. Couples live together, mix finances, buy homes, have children, and for all intents and purposes, act as if they were married.
But unless you have a common-law marriage from another state, unregistered partnerships in Oregon aren’t protected by the same laws when it comes to dividing property.
In general, each partner generally retains their own property. Except in cases where you intentionally commingle assets. The law views jointly owned property as belonging equally to both parties.
You do have the option to ask the court to divide assets, though it’s a complicated, roundabout legal process.
In most cases, you should reserve this for major purchases, such as houses or cars. It’s probably well worth it just to buy new furniture.
However, if your name isn’t on something, things become tricky. When your name doesn’t appear on, say, the title of a car, you need to show that the intent was to share.
Spousal support is one element that doesn’t factor into long-term relationships. Again, unless there’s a pre-existing common-law marriage, this isn’t an option. You neither pay nor receive alimony in the case of a break-up.
This is also an evolving field, and Oregon has an ever-growing body of domestic partnership law. A common interpretation of this concept holds that all property is in play when determining an equitable split. While they can’t divide retirement plans, some judges compensate in other ways. We’re seeing more cases like this regularly, and it’s becoming more like divorce than ever.
Do You Have Custody Rights if You Were Never Officially Married?
The rights and obligations of parents don’t change due to marital status. Wed or not, that doesn’t impact the matter.
If you have kids, the court considers child custody, child support, visitation, and other concerns the same way, regardless of whether the parents are married.
Biological and adoptive parents retain the same parental rights whether there’s a ring on that finger, a common-law marriage, a domestic partnership, or no relationship at all.
You pursue custody and visitation through identical legal channels. Depending on the situation, you may either pay or receive child support. All of the usual things that play a role in divorce and custody battles also apply to unmarried parents.
Related Reading: What Are A Father’s Rights? (Whether Married or Unmarried)