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 have 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 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