Oklahoma § 43-5 - Application - Fees - Issuance of license and certificate

§ 43-5. Application - Fees - Issuance of license and certificate

A. Persons desiring to be married in this state shall submit an

application in writing signed and sworn to in person before the

clerk of the district court by both of the parties setting forth:

1. The place of residence of each party;

2. The full legal name and the age of each party as they appear

upon or are calculable from a certified copy of the birth

certificate, the current driver license or identification card, the

current passport or visa, or any other certificate, license or

document issued by or existing pursuant to the laws of any nation or

of any state, or political subdivision thereof, accepted as proof of

identity and age;

3. For each party, the full name by which the party will be

known after the marriage as provided in subsection E of this

section, which shall become the full legal name of the party upon

the filing of the marriage license and certificate with the court,

as required by law; provided, however, a marriage certificate issued

prior to June 8, 2006, or any marriage certificate which contains an

erroneous or misspelled name of a party, shall be reissued upon

request by the certificate holder to include the information

required by this paragraph. Such reissued certificate shall reflect

the original marriage date and shall be signed by the court clerk

with a notation by the clerk that the certificate is "reissued" or

"amended". Signatures of the officiant and original witnesses shall

not be required;

4. That the parties are not disqualified from or incapable of

entering into the marriage relation; and

5. Whether the parties have successfully completed a premarital

counseling program.

B. 1. Upon application pursuant to this section and the

payment of fees as provided in Section 31 of Title 28 of the

Oklahoma Statutes, if the clerk of the district court is satisfied

of the truth and sufficiency of the application and that there is no

legal impediment to such marriage, the court clerk shall issue the

marriage license authorizing the marriage and a marriage

certificate, which shall be incorporated as one document. As

required by law, the marriage certificate shall be completed

immediately following the marriage, and the marriage license and

certificate shall be returned to the court clerk.

2. Parties to be married and who present a certificate to the

clerk of the district court that states the parties have completed

the premarital counseling program pursuant to Section 5.1 of this

title shall be entitled to pay a reduced fee for a marriage license

Oklahoma Statutes - Title 43. Marriage and Family

in an amount provided in Section 31 of Title 28 of the Oklahoma

Statutes.

C. In the event that one or both of the parties are under legal

age, the application shall have been on file in the court clerk's

office for a period of not less than seventy-two (72) hours prior to

issuance of the marriage license.

D. The marriage license shall be valid in any county within the

state.

E. On the marriage certificate, the full name by which a party

shall be known after marriage may be any combination of the legal

first, middle, and last names, given names and surnames, of either

party, including segments of names or initials, with or without

hyphens. However, the marriage certificate shall not be used to

change the name of a party to an entirely different name which is

not derived from the legal name of either party. The party shall

petition for a name change using the process established in Section

1631 of Title 12 of the Oklahoma Statutes.

F. The provisions hereof are mandatory and not directory except

under the circumstances set out in the provisions of Section 3 of

this title.

R.L.1910, § 3887. Amended by Laws 1959, p. 183, § 2, emerg. eff.

June 2, 1959; Laws 1965, c. 25, § 1, emerg. eff. Feb. 26, 1965; Laws

1974, c. 96, § 1; Laws 1989, c. 64, § 2, eff. Nov. 1, 1989; Laws

1999, c. 174, § 1, eff. Nov. 1, 1999; Laws 2005, c. 33, § 1, eff.

Nov. 1, 2005; Laws 2006, c. 311, § 2, emerg. eff. June 8, 2006; Laws

2008, c. 313, § 1, eff. Nov. 1, 2008; Laws 2013, c. 192, § 1, eff.

Nov. 1, 2013; Laws 2022, c. 241, § 1, eff. Nov. 1, 2022.