Ohio generally does not recognize common law marriages. In fact, any common law marriage that was not established before October 10, 1991, or in another state is not valid under Ohio law. According to Ohio Revised Code § 2105.12(B)(1), a marriage must be formally solemnized and properly recorded to be valid.
While common law marriage is generally no longer accepted in Ohio, understanding the full landscape of this complicated issue will help you determine the legal nature of a relationship.
Exceptions to the Rule Against Common Law Marriage
There are several exceptions to the general rule that does not recognize common law marriage. Ohio commonly recognizes the following marriages as valid:
Marriages Entered Into Before October 10, 1991
If a couple established a valid common law marriage in Ohio before October 10, 1991, the state continues to legally recognize that union without requiring further formalities.
However, if your common law marriage was documented before that cutoff date, it’s important to keep that documentation readily available to help prevent any disputes or challenges regarding its legal recognition.
If your common law marriage was formed before 1991, you will want to keep documentation of:
- Agreement: You need to maintain proof that both parties to the marriage had the capacity to marry and consented to the marriage. This intent should be evident through a clear agreement to have a spousal relationship as opposed to a domestic partnership.
- Living together: The parties must cohabitate, meaning sharing a common living space and engaging in the same type of relationship as a legally married couple.
- Public presentation: The couple must present themselves to their friends, family, and the public as a married couple. This often includes sharing a last name, though that is not required.
With documentation of those elements, the State of Ohio will likely legally recognize your marriage as a valid common-law marriage.
Common Law Marriages Formed in Other States
The U.S. Constitution’s Full Faith and Credit Clause requires the State of Ohio to recognize common law marriages that were formed in other states. If you entered into a valid common law marriage in a state like Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, or Utah, your marriage will be legal in Ohio.
Again, be sure to maintain proper documentation of your marriage to avoid any challenges.
How Is Common Law Marriage Different From Domestic Partnership?
The State of Ohio does not recognize a domestic partnership as a common law marriage unless it otherwise fits one of the exceptions to the prohibition of common law marriage. There are several jurisdictions in Ohio, however, that recognize domestic partnerships, it is important to note that those arrangements do not include the rights and benefits of marriage.
No matter the local jurisdiction, a domestic partnership is not a common law marriage recognized by the State.
What Are the Benefits of a Legal Marriage?
Benefits of marriage (including recognized common law marriages) include laws surrounding spousal and child support following the termination of a relationship, distribution of property, decisions on behalf of the other party if they become physically or mentally incapacitated, visitation rights during a period of a party’s incarceration, and other major life activities and decisions.
A Family Lawyer Can Help
While Ohio generally does not recognize common law marriages, important exceptions exist for unions established before October 10, 1991, or those validly formed in other states.
Documentation is key in proving a common-law marriage. Whether your common law marriage was formed before the 1991 cutoff in Ohio or in a state that still allows such unions, maintaining clear records of your agreement, cohabitation, and public presentation as spouses can help avoid future legal challenges.
For questions, concerns, or to schedule a free consultation to discuss your situation, call Atkins And Atkins, Attorneys At Law, LLC.
We serve all through Franklin County and its surrounding areas in Ohio. Visit our office at:
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
