Ohio’s Marriage Laws: Based on the OSBA fact sheet.

Marriage is a legal as well as a personal relationship. When you marry, you enter into a legal contract.

There are three parties to that legal contract:

1. you
2. your spouse
3. the state of Ohio.

The state is a party to the contract because under its laws, you have certain obligations and responsibilities to each other, to children and to Ohio.

 
What are the obligations of marriage? It is important for both of you to realize that you have the obligations of mutual respect, fidelity and support of each other. Both parties to the marriage must support themselves and their spouse out of their respective property or by their respective labor. If a married person is unable to do so, as in the case of injury or disease, the other spouse must assist in the support so far as the spouse is able. The duty to support extends to the parties' biological and adopted children. Failure to provide support to a spouse or dependents may result in a civil lawsuit to recover the cost of "necessaries" or a criminal charge for non-support.

How do we get a marriage license in Ohio? The probate court is the only agency authorized to issue a marriage license. To apply for a marriage license, go to the probate court of the county in which one or the other of you lives. If neither of you is an Ohio resident, apply in the county where the marriage will be solemnized.

Both of you must appear at the probate court in person and state under oath your names, ages, residence, place of birth, occupation, Social Security number, father's name and mother's maiden name, if known, and the name of the person who will solemnize the marriage. The probate court may ask each of you for a birth certificate showing your age or proof of other facts.

If one or both of you has been married before, you must include in your application the names of the parties to the marriage and the names of any minor children. If either of you have been divorced, you must provide the places, dates and case numbers of the divorces. Also, you must present a certified copy of the most recent divorce decree at the time you apply.

There is no waiting period. The marriage license is good for 60 days. If your marriage is not performed within that time, you must get a new license.

Who may contract a marriage? Unmarried males over age 18 and females over age 16 years, not nearer of kin than second cousins, may marry. A minor must first obtain the consent of his or her parents, surviving parent, the residential parent and legal custodian, the guardian, or agency awarded permanent custody. Consent for a minor generally applies to females under 18, but also may apply to males under 18. Minor applicants must provide proof of age and must prove that he or she has received marriage counseling satisfactory to the court.

No license to marry will be issued if either applicant is under the influence of intoxicating liquor or narcotic drugs, or if infected with syphilis that is communicable or likely to become so.

What is a premarital contract? A premarital agreement (also called a prenuptial or antenuptial agreement) is a contract entered into by persons about to be married, who wish to resolve issues of support, distribution of wealth and identification, separation and/or division of property, in the event of the death of either spouse or the failure of the proposed marriage. Premarital contracts may be used by those who have been previously married and wish to see that their property goes to the children of the prior marriage on the termination of the proposed marriage or upon the death of one spouse.

Who may perform a marriage ceremony? There are specific named categories of persons authorized to solemnize marriages including ordained or licensed ministers, certain judges and mayors.

Is common law marriage recognized in Ohio? Until October 1991, Ohio recognized the formation of common law marriages. Courts required specific factors to establish a valid common law marriage, such as the length of time parties lived together. While Ohio does not recognize common law marriages entered into after 1991, it does still recognize common law marriages that were validly entered into before that date, or that arose in another state under that state's laws.

Must a married couple use the same last name? Either spouse may assume the other's name or both may adopt a new surname upon marriage. Ask at the probate court. A person who is changing his or her name must notify several agencies, including the Social Security Administration and the Ohio Bureau of Motor Vehicles. Notify any firm with which you do business including credit card issuers and your employer.

How does marriage affect property ownership? In Ohio marriage does not give either husband or wife an ownership interest in assets that were owned by the other spouse before the marriage. It also does not create an obligation or liability for the premarital debts of the other spouse. Assets acquired after the marriage may be titled jointly by the couple or held in the separate name of either spouse. However, if one spouse dies, the surviving spouse has rights under the law whether or not the deceased spouse had a will. Those rights include a family allowance, an interest in real property and the right to remain in the couple's home for at least one year, even if all assets were owned in the deceased spouse's name. A non-owner spouse has an ownership interest in real estate, whether acquired before or after the marriage, that cannot be released without his or her consent. In case of a divorce, the court decides how assets will be divided between spouses.

What should we do about insurance beneficiaries? If you already have life insurance policies, you may wish to designate your spouse as a beneficiary. To do this, contact your insurance agent or your employer if you have a group insurance plan.

How important is record keeping? Keeping records is an excellent habit to develop. You can never tell when a receipt or a check stub will save you many dollars. It is wise to obtain a safe deposit box for safely keeping insurance policies, marriage certificate, birth certificates, religious certificates, deeds, contracts and other valuable documents.
A checking account is a handy record-keeping device. Your canceled check acts as a valuable receipt in case any question should arise as to the payment of a bill. The payment of bills by check also serves as an adequate record in case the IRS questions a deduction. If you pay your bills online or with a credit card, keep track of your receipts.

The information contained in this pamphlet is based the LAWFACTS pamphlets series copywritten by the Ohio State Bar Association. It is general and should not be applied to specific legal problems without first consulting your own attorney.

Copyright © 1999-2006 Ohio State Bar Association

This article is meant to give you general information and not to give you specific legal advice.
Prepared by Community Legal Aid Services, Inc. Updated May 2012. CE-32-F131-CLAS