Laws Regarding Ohio Common Law Marriage

What is Common Law Marriage?

According to the NCSL, the National Conference of State Legislatures, a common-law marriage in Ohio requires “a positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of necessary of man and wife, and an assumption of marital duties and obligations.”

In other words, common law marriages in Ohio that still have validity involve a couple that agrees they are married, still live together and present themselves in public as husband and wife. In this article, a more thorough analysis of common law marriages in Ohio is discussed, as well as regular marriage requirements in the state.

Common-Law Marriage in Ohio

Common law marriages in Ohio no longer hold validity unless the common law marriage happened before a certain date. Ohio is one of five states that have grandfathered the common law marriage of some couple, and there are many laws that address a common law marriage in Ohio.

Code 3105.12 Proof of marriage mainly addresses common-law marriages in Ohio, and some of these laws under the Ohio Revised Code are paraphrased below:

(B) A common law marriage in Ohio is prohibited after October 10, 1991, and any marriage that is subsequently solemnized after this date must adhere to Chapter 3101 of the Ohio Revised Code.

(B)(2) “Common law marriage that occurred in this state prior to October 10, 1991, and that has not been terminated by death, divorce, dissolution of marriage, or annulment remain valid on and after October 10, 1991.”

(B)(3)(a) The common law marriage in Ohio was established prior to October 10, 1991, or was established on or after that date in another state or nation that recognizes common-law marriages as valid.

(B)(3)(b) The common law marriage in another state or nation has not been determined as invalid.

Marriage Requirements in Ohio

Ohio law on marriage is fairly simple compared to rules regarding common law marriage. Additionally, a common-law marriage in Ohio is only valid if the form of matrimony adheres to all conditions set forth in Code 3101.

In order for the marriage or grandfathered common law marriage in Ohio to hold legal validity, the marriage must have been entered into between a female that was at least 16 years old and a male that was at least 18 years old.

They may not relate to each other nearer than second cousins, and a legal marriage may only be entered into by one man and woman who are in no other marriage.

If a minor wants to marry, they should first obtain consent from their parents, a surviving parent, a parent who represents a residential parent or legal custodian, a guardian, or any of the following entities:

• An adult person

• The department of job and family services or a child welfare organization

• A public children services agency

A brief guide to common law marriage in South Carolina

Until January 2011, South Carolina used to be one of only ten states which recognized common-law marriages.

While most married couples choose to obtain a license from the state to make sure their relationship is recorded, common-law marriages in South Carolina were not formally documented.

Two qualifications had to be met in order for such a relationship to be recognized by the court.

However, South Carolina’s common law marriage has an exception if it existed as of December 31, 2010, and be able to repeal section 201360 relating to the validity of a marriage contracted without a marriage license.

Spouses were considered to be involved in a common-law marriage in South Carolina provided that:

• They consider themselves to be married and both spouses present themselves in such a fashion to friends and family

• Two spouses are eligible to be married. For example, since underage children cannot be legally married in the state, they may not enter into common-law marriages in South Carolina.

This last requirement has many implications. For example, two people who are legally married others are not involved in a common-law marriage in South Carolina even if they represent themselves to others as husband and wife.

Even if they are divorced from their partners at a later time, this will not mean that their past cohabitation qualifies them for this kind of status. South Carolina law on marriage requires both spouses to affirm their new relationship after they have separated from previous partners.

There are many ways in which such a relationship can be established. People who are involved in a common-law marriage in South Carolina may take their partner’s last name as their own, file joint tax returns, and otherwise establish their relationship.

This kind of proof will be crucial if spouses decide to divorce. Ending common-law marriages in South Carolina through the legal system can be difficult if it cannot be established that a couple was involved in this kind of relationship.

When seeking this kind of divorce, establishing that such a relationship existed will be a necessary prerequisite to petitioning for alimony payments, arranging child custody, and managing other such issues.

Witnesses may be called in to testify that both partners presented themselves as being partners in a common-law marriage in South Carolina. Furthermore, someone who enters into this kind of relationship cannot enter into another similar partnership without formally divorcing. Failure to legally terminate common-law marriages in South Carolina can be grounds for charges of bigamy.

It is important for any spouses involved in such a relationship to create a will documenting their wishes regarding the division of their property in the event of their death.

This will help to ensure that if you wish for your partner in a common-law marriage in South Carolina to receive part or all of your estate they will be legally entitled to do so. Failure to take this step may require your spouse to go to probate court to establish their claim to your assets.

This will require an heir to establish that their common law marriage in South Carolina was legally valid.

Common-law marriage Indiana describes the arrangement in common law where two people that live together enjoy the status and benefits of marriage without having the marriage ceremony.

Common-law marriage in Indiana was available until the mid-20th century until they were struck from state law.

These days, one cannot get a common law marriage in IN. the only common law marriage in IN that still exist will be from the few states that have limited common law marriage laws or Common law marriage Indiana that existed prior to the ban.

Two people cohabitating in Indiana, cannot have a common-law marriage in IN and must apply for a marriage license and have a marriage ceremony, according to the rules of the state.

When was the ban on Common law marriage in Indiana put in place?

Indiana law on common marriage was banned in 1958. The ban is not absolute, as couples married with a common-law marriage in IN prior to that will remain married by the same provisions.

What is per lex loci celebrations?

The principle of per lex loci celebrations (by the law of the place of celebration) allows common-law marriages from out of state to be recognized as common law marriage in Indiana.

By this principle, if the marriage is legal in the jurisdiction it came from, then this will be recognized as a common-law marriage in IN, though state residents cannot get such a marriage.

Note that this does not include same-sex marriage, as same-sex marriage is expressly forbidden by state law and will not even count as common law marriage in Indiana with per lex loci celebrations.

What is grandfathering?

Grandfathering refers to common law marriage IN that is entered before 1958. All other marriages after that have to be solemnized by the appropriate authority. No common-law marriage IN can be solemnized.

A brief guide to common law marriages in Alabama

Two people who are in a relationship may have their status as a married couple legally recognized even without an official license from the state of Alabama.

There are four conditions that must be met if you seek recognition for a common-law marriage in Alabama:

• Both partners must be mentally capable of entering into a formal relationship. This means that common law marriages in Alabama cannot be entered into by two spouses who do not understand the nature of this kind of relationship or the responsibilities it involves.

• Both partners must make the nature of their relationship clear to others. For a common law marriage in Alabama to be recognized, both spouses must inform other people of the relationship.

At all times, both partners must be open and straightforward in making sure others are aware of their marital status.

• A couple must agree to enter into a permanent relationship in order to enter into common-law marriages in Alabama. Sometimes two spouses may be thinking of obtaining a marriage license from the state at a later date. This places the status of their common law marriage in Alabama in question.

• The spouses must have had intercourse. Without this kind of consummation, common law marriages in Alabama will not be legally recognized.

The reasons to enter into this kind of relationship are up to two spouses. However, it is important to be aware that while the court system will recognize a common-law marriage in Alabama in some circumstances, it can lead to many complications. This is especially true if a relationship does not succeed.

If you wish to separate from your spouse, a court may not be able to process a divorce-related to common law marriages in Alabama.

Spouses who are involved in this kind of relationship should make sure to create a will documenting how they wish for their assets and resources to be divided after their death. Failure to do so will make it difficult for a partner in a common-law marriage in Alabama to collect any part of an estate.

In such instances, a spouse who is undertaking the probate process will have to ask a judge to accept their relationship as valid despite the lack of state recognition. This will mean proving that the deceased partner in common-law marriages in Alabama intended for their partner to inherit their estate.

It is important to understand that these kinds of relationships are only recognized by ten states, as well as Washington, D.C. This means that if you move, another state may not necessarily recognize the validity of your common law marriage in Alabama.

In order to have your relationship legally recognized for tax purposes or other reasons, you may have to obtain a marriage license from whatever state you move to. Therefore, if you have a job that requires you to move frequently, common law marriages in Alabama may not be a good alternative to formal marriage.

Quick Guide to Common Law Marriage in Arkansas

Common-Law Marriage: Arkansas

A common law marriage in Arkansas has never been allowed, but the state will recognize such a marriage according to some common law marriage laws dealing with foreign marriages.

The state may make exemptions for marriage requirements according to common law marriage laws under section 9-11-107 of the state’s code:

“All marriage contracted outside this state that would be valid by the laws of the state or country in which the marriage was consummated and in which the parties then actually resided shall be valid in all the courts in this state.”

Marriage Requirements in Arkansas

Marriage requirements in the state prohibit certain kinds of marriages:

• One or both of the parties were too young to legally marry within the state (under the age of 16)

• One or both of the parties were unable to mentally understand the consent of the marriage and the consequences involved

• One or both of the parties were incapable of entering the marriage within the state because of physical causes

• The consent to marry was obtained through fraud

• Either party forced the other party to enter into marriage

• The marriage is incestuous

Marriage requirements prohibit many types of marriages, but common law marriage laws will be recognized in some cases if another state allows the common law marriage.

Determining the Validity of Common Law Marriages in Arkansas

Although there are few laws addressing a common law marriage in Arkansas compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions:

The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common law marriage laws and marriage requirements.

In order to validate the common law marriage in Arkansas, the court will consider several factors in certain cases like a divorce or separation proceeding. The court will usually consider the following aspects of the common law marriage in Arkansas:

• The two parties actually cohabitated in an out of state jurisdiction

• The out-state jurisdiction had established common law marriage laws and requirements

• The date of actually declaring the specific type of marriage can be established by the court

If two couples want the state of Georgia to recognize their common law marriage laws in an out of state jurisdiction, the two couples are usually advised to sign the power of attorney documents before declaring the common law marriage in Arkansas.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional according to common law marriage laws and influential court cases.

If couples in a recognized common law marriage come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of AR may recognize such agreements.

If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.

Common law marriages do not exist in the state of Arizona.

Regardless of the time spent cohabitating or shared property, common law marriages in Arizona are not recognized and the only way to be married is through the appropriate ceremony.

Laws forbid common law marriage in Arizona through setting specific standards for a wedding to be recognized as well as conditions that when present would make a marriage invalid and subject to annulment.

Common law marriages in Arizona do not factor into child support obligations, which exist regardless of the marital status of the biological parents.

What are the three elements of a recognized marriage in Arizona?

The Arizona Revised Statute 25-111 notes that three things must be secured in order for a marriage to be valid:

– A marriage license

– An individual authorized by law to marry couples solemnizing the marriage

– Marriage solemnized before the license expires

Common law marriages in Arizona would contain none of these provisions and as such, no individual can be part of a common-law marriage in AZ.

Will out of state common law marriages count as common law marriage in AZ?

Yes, the state will recognize a common-law out of state marriage as a common law marriage in Arizona, as long as that marriage in that state is valid under the laws of that state.

This does not extend to same-sex couples from any state. This is not an absolute provision, but rather expresses the possibility that the state may recognize a common-law marriage in Arizona as long as it originates from one of the few states that still allow it.

Is there a community property law related to common law marriage in AZ?

A common question that accompanies concerns about common law marriage in Arizona is the presence of a community property law, meaning that the surviving spouse is responsible for the debts of the deceased.

Though Arizona has this law, since there is no common law marriage in Arizona, then any individual that cohabitates will not be responsible for the debts of the deceased.

Marriage is not only a relationship or bond you share with a loved one but a unique contract that must be validated in order to be considered a legal union.

A common law marriage offers a couple of legal recognition of their joining.

Such a label offers the two wedded individuals with certain privileges in accordance with tax law or family law.

As a result of this, the marriage meets the requirements of the common law.

Obtaining a valid marriage license and partaking in a ceremony that is administered by someone who is licensed by the particular state in which the marriage is held is the first consideration of common law marriage.

Each state contains its own rules in regards to marriage; however, common law marriage is essentially uniform. When getting married, make sure there are no legal impediments that would block the marriage.

For example, if one of the individuals were previously married make sure they have valid divorce documents before the wedding.

When obtaining a marriage license the individuals must distribute documents to their local registry or church that signifies appropriate identification.

A marriage license is a form of permit that states in accordance with common law, that the couple is legally allowed to marry.

The regulations necessary to obtain a marriage license will fluctuate based on state, so make sure you acknowledge your specific state’s rules.

Most states will require the marrying individuals to provide proof of citizenship, a driver’s license or a form of photo ID, and documents to provide proof of address.

Some states will require a blood test for the marrying couple and all states will attach fees to the license obtainment process.

Quick Guide to Common Law Marriage in Kansas

Common-Law Marriages in Kansas

Kansas is one of the few states within the US that recognizes and permits common law marriage along with other marriage requirements.

Kansas residents will usually declare a common law marriage if they do not want a traditional wedding ceremony under the state’s marriage requirements but still want the tax benefits of a legal marriage.

Certain common law marriages in Kansas are prohibited as outlined by §23-2502 of the state’s statutes on marriage requirements:

“The state of Kansas shall not recognize a common-law marriage contract if either party to the marriage contract is under 18 years of age.”

Additionally, the state will only recognize a Kansas law on common marriage if the two parties meet the following three elements:

1. There were intent and agreement in praesenti to be married by both parties

2. There has been continuous cohabitation between the parties

3. There is a public declaration or holding that the parties are husband and wife

The validity of Common Law Marriages (Kansas) in other States

There are few laws that address common law marriage compared to regular marriage requirements in states that don’t recognize the type of union, but there are usually two factors that will motivate another state to recognize a common-law marriage in Kansas or other states that allows the marriage:

The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union—such as Kansas.

In order to validate the legal common law marriage in Kansas within another state’s marriage requirements, the other state’s court will consider several factors in certain cases like a divorce or separation proceeding.

The court will usually consider the following aspects for recognizing common-law marriages in Kansas and within their state’s marriage requirements:

• The two parties actually cohabitated in an out of state jurisdiction, such as Kansas or another state that establishes the validity

• The of state jurisdiction had established common law marriage requirements

• The date of actually declaring the common law marriage in Kansas can be established by the court

• Even in common-law marriages in Kansas, the court may also determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want an outside state to recognize their common law marriage in Kansas, the two couples are usually advised to sign the power of attorney documents.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional.

If couples reached former agreements before their common-law marriages in Kansas (such as coming to an agreement about the division of property in a future separation in an out of state jurisdiction) another jurisdiction that normally doesn’t recognize such unions may recognize such agreements.

If you are unsure whether an outside state will recognize your common law marriage in Kansas after you have moved out of state, you should speak with an attorney to help determine if the case may be arguable in court.

Even after a court has heard testimony and evidence, they may still not recognize the common law marriage in Kansas within the out-of-state jurisdiction because of their marriage requirements.

Understanding the “Common Law” Marriage in Maryland

There’s a different kind of marriage? Most definitely, there is.

It’s called a “Common law” marriage in Maryland. If you need legal advice and assistance, contact Maryland lawyers.

The Basis Behind a “Common Law” Marriage in Maryland

Essentially, it’s a marriage without a certificate, without a ceremony, without witnesses – without any actual legal standing whatsoever.

That’s why they call it a “Common Law” marriage. You might think of it as a “natural law” marriage. This is something that has existed in history for the longest time, before the concept of law wasn’t yet established as a legal process in society.

Here’s the Thing, Though….

There’s no such thing as a “Common Law” marriage in Maryland. It simply isn’t recognized.

That means by “Common Law” marriage laws, no such marriage requires any legal procedure to end, because the state of Maryland doesn’t recognize it in the first place. There are no marriage requirements for it. Nothing.

However….

Maryland does recognize a “Common Law” marriage in Maryland if it was established in another state that recognizes those types of marriages.

The legal requirements established by those “Common Law” marriage laws would have to be met.

Other than that, those “Common Law” marriage laws in the other supposed state would apply just fine in Maryland and would require a legal procedure to dissolve such a marriage.

Marriage requirements are such, too, that even when there’s no such thing as a “common” marriage in Maryland, the state will recognize the specific requirements for such a type of marriage as that and would honor it as if it were common in the state.

However, a “Common Law” marriage in Maryland won’t have any specific benefits of inheritance, pension plan, or social security, without an actual valid marriage in Maryland.

The Reason for “Common Law” Marriage Laws

This dates well back into biblical times, obviously. Marriage requirements were so basic that just about anyone could get married – without paperwork or witnesses.

All that was necessary was a priest, pastor, reverend, or minister. That was it. Moreover, marriage requirements didn’t have such things as prenuptial or written concepts for divorce. Although a basic idea of divorce did exist – just not with so many aspects that are so prevalent today.

“Common Law” marriage laws became so archaic simply because of the fact that many people would desert their spouses after entering into marriage with no compensation – either emotional or financial – to the other party.

So the law had to step in – get things written down. Marriage requirements became stiffer. “Common Law” marriage laws became less common and more specific. Marriage requirements were part of the legal faction of society and not a standard in a household.

Are You Pursuing a “Common Law” Marriage?

In Maryland, know that the only way to do that is to enter a state that recognizes it. And if you want to move to Maryland, do so. Go through the correct process to file your “common” marriage with the court system, and it will be treated just like any marriage.

WHAT IS THE LEGAL SIGNIFICANCE OF MARRIAGE VOWS?

In today’s society, there is no legal significance attached to MARRIAGE VOWS except for one rule.

In most states, the law requires that either a member of the clergy or a public official be present to witness the spouses declare themselves husband and wife.

When an individual recites their MARRIAGE VOWS, whether traditional or their own, there is no obligation put towards them.

Anyone who has ever been divorced is aware that the legal system will not forbid you from divorcing your spouse simply because you said, “for long as we both shall live” at your marriage ceremony.

WELL, THEN WHY DO THESE VOWS EXIST?

MARRIAGE VOWS are strictly traditional in the legal sense. The main purpose of MARRIAGE VOWS is for religious and cultural significance.

In the traditional Christian ceremony, the MARRIAGE VOWS are not really vowed at all but covenants.

The idea behind the exchange of vows in the traditional Christian ceremony is to essentially make a contract between the husband and wife to perform certain obligations.

“To have and to hold, in sickness and in health” although these statements might seem to carry zero weight in today’s society in the Christian church those statements are considered binding on the party that made them and part of the reason for a marriage ceremony is so that God can be a witness to the “signing” of the contract.

SO WHAT IS IT THAT I ACTUALLY NEED TO GET MARRIED?

Most States differ in the nuances of what is required for a legal marriage. Essentially all that is required is that the prospective husband and wife retain a marriage license and wait a short period of time before the ceremony.

In the past, many states required blood tests to be performed on each prospective spouse before the clerk would issue a marriage license.

The purpose of this was to prevent the spread of venereal diseases, specifically syphilis. Today there are only a handful of states that still require subjection to a blood test.

However, although not required, it is still a good idea to have one performed. With the onset of genetic testing, a blood test can be a significant factor in aiding to prevent the spread of genetic diseases such as sickle cell anemia.

I HAVE MY MARRIAGE LICENSE, NOW WHAT?

Once you have obtained your marriage license, which could take up to four (4) weeks to receive depending on the state, a ceremony may be performed that only requires that the soon to be husband and wife take each other as husband and wife in front of a public official or member of the clergy as well as one other witness.

There is typically no age requirement for the witness but they should be competent enough that they will be capable of testifying in court as to the act which they witnessed.

The requirement for marriage licenses and the process of getting married differ from State to State and if you are contemplating marriage you should refer to your County or City clerk’s office for further details.