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Common law marriage is a legally recognized marriage between two people who live together without a marriage license or religious ceremony. Learn more about common law marriages in the state of Ohio. The requirements, eligibility and options for proving common law unions within the state.
Is common law marriage recognized in Ohio? Until October 1991, Ohio recognized the formation of common law marriages, and the courts required specific factors to establish a valid common law marriage.
Thus, in 1991, Ohio, by statute, decided to no longer recognize common law marriage, which is what the majority of states had done. However, Ohio still recognizes common law marriages that began before October 10, 1991, and have not been terminated by death, divorce, dissolution, or annulment.
Common law marriage is a legal concept that applies to couples who are in a relationship that has the appearance of a marriage, but hasn't been formally sanctioned by the state (such as by the issuance of a marriage certificate).
(2) Common law marriages 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.
A common law marriage is a social relationship that meets all the necessary requisites of a marriage except that it was not solemnized, performed or witnessed by an official authorized by law to perform marriages.
In Ohio, common law marriage is defined as a relationship between two people who are not married but who have lived together for a certain period of time and hold themselves out as a married couple.
Common law marriage is legal in seven states as well as the District of Columbia, with several other states recognizing common law marriages that were established before certain dates. Common law marriage has several advantages for couples who do not wish to seek a formal marriage.
Is common law marriage recognized in Ohio? Until October 1991, Ohio recognized the formation of common law marriages, and the courts required specific factors to establish a valid common law marriage. Since October 1991, parties who wish their marriage to be recognized by the state have been required to obtain a marriage certificate.
In most cases, no. However, under limited circumstances, Ohio could recognize a common law marriage that was entered in Ohio prior to 1991 or a valid out-of-state common law marriage.