Rule 8.100.Procedure for Waiver of Marriage Fee under ORS 106.120

Current through August 1, 2026 · Last verified September 12, 2026

In one sentenceUTCR 8.100 sets out how a couple asking a judge to solemnize their wedding can request a waiver of the statutory fee, which judge may grant it, how long a waiver lasts, and what happens after a denial.

Full Text of Rule 8.100

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(1) To obtain a waiver of the fee required to be paid under ORS 106.120 before a circuit, appellate, or tax court judge can perform weddings in certain circumstances, both persons wishing to be married must do all the following:

(a) Complete a request in substantially the form provided at www.courts.oregon.gov/forms.

(b) Submit the completed form to a circuit court judge serving the county where the wedding will be performed for review and appropriate action.

(c) If the request is granted by the judge under (b) of this subsection, give the copy of the signed waiver to the judge who will solemnize the ceremony.

(2) If the request is denied by the judge, there is no waiver. Those persons who made application must either reapply under this rule or pay the fee. However, neither person may again make a request of any judge to waive the fee for 30 days from the date a judge signs an order denying a waiver under this rule.

(3) If a person is requested to pay the fee under ORS 106.120 while applying for a marriage license or by a court clerk, the person may show a valid waiver of fee granted to that person under this rule and will not have to pay the fee. A waiver granted under this rule is valid for only 30 days from the date the judge signs the order allowing the waiver and does not waive any other fees which may legally be charged related to the marriage or wedding.

(4) Upon receipt of a request for waiver under this rule, a judge will do all the following:

(a) Review the request to determine whether the judge can make a determination on the request. Only circuit court judges serving in the county where the wedding will be performed can grant a waiver under this rule. A judge will deny a request for a waiver under this rule if the request has been made to any other judge within 30 days.

(b) Determine whether exigent circumstances exist allowing the judge to waive the fee. The determination of exigent circumstances is at the sole discretion of the judge, but can, by statute, specifically include indigency of the parties to the marriage.

(c) Sign the waiver form indicating the judge’s decision; give a copy of the completed, signed form to the parties to the impending marriage; and file a copy with the trial court administrator for that circuit court.

(5) When solemnizing a marriage, a judge, under ORS 106.120(9), will accept a copy of a valid waiver granted under this rule in lieu of proof of payment of the fee required under ORS 106.120(9). The judge will maintain the copy of the waiver with other records of the marriage for as long as the judge is required to maintain the other records.

End

Plain-English Summary

ORS 106.120 requires a fee before a circuit, appellate, or tax court judge performs a wedding in certain circumstances. This rule is the path to a waiver. Both people wishing to marry complete a request in substantially the form provided at www.courts.oregon.gov/forms and submit it to a circuit court judge serving the county where the wedding will be performed. If that judge grants the request, they give the copy of the signed waiver to the judge who will solemnize the ceremony.

Only a circuit court judge serving the county where the wedding will happen can grant the waiver. The judge reviews the request, decides whether exigent circumstances exist, signs the form showing the decision, gives a copy to the couple, and files a copy with the trial court administrator for that circuit court. Whether circumstances are exigent rests in the judge's sole discretion, and the statute allows indigency of the parties to the marriage to count. A judge will deny the request if it has already been made to any other judge within 30 days.

A denial stops the request. There is no waiver, and the couple either reapplies under this rule or pays the fee. Neither person may ask any judge again to waive the fee for 30 days from the date a judge signs an order denying a waiver.

A granted waiver has a shelf life. It is valid for 30 days from the date the judge signs the order allowing it, and it does not waive any other fees that may legally be charged in connection with the marriage or the wedding. If someone asks for the ORS 106.120 fee while the couple is applying for a marriage license, or a court clerk asks for it, showing a valid waiver granted under this rule ends the request. When solemnizing the marriage, the judge accepts a copy of a valid waiver in place of proof of payment under ORS 106.120(9) and keeps that copy with the other records of the marriage for as long as those records must be kept.

Frequently Asked Questions

How do we ask a judge to waive the wedding fee in Oregon?

Both people wishing to marry complete a request in substantially the form provided at www.courts.oregon.gov/forms and submit it to a circuit court judge serving the county where the wedding will be performed.

If the judge grants it, give the copy of the signed waiver to the judge who will solemnize the ceremony.

Which judge can grant the waiver?

Only a circuit court judge serving in the county where the wedding will be performed. A judge outside that county cannot grant the waiver.

The judge also denies the request outright if it has already been made to any other judge within 30 days.

How long is a granted waiver good for?

30 days from the date the judge signs the order allowing it. Plan the timing of the request around the wedding date rather than getting the waiver far in advance.

What happens if the judge denies our request?

There is no waiver. You either reapply under this rule or pay the fee.

There is also a waiting period: neither person may ask any judge again to waive the fee for 30 days from the date a judge signs the order denying the waiver.

Does the waiver cover our other wedding-related court costs?

No. A waiver granted under this rule does not waive any other fees that may legally be charged in connection with the marriage or the wedding. It reaches the fee required under ORS 106.120 and nothing else.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 8.100). Prescribed by the Chief Justice of the Oregon Supreme Court (UTCR 1.020). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

Also known as: marriage fee waiver OregonORS 106.120 fee waiverjudge wedding fee waiverwaive fee for judge to perform weddingexigent circumstances marriage fee waiver