Common-Law Marriage in Ohio
Not So Common: The Unlikely Ohio Common-Law Marriage
A common-law marriage occurs when a man and woman live with each other as husband and wife for a stated amount of time per state statute. They were widely used during the western expansion, as men and women sometimes were not able to have a ceremony in front of a minister or judge. They also became quite popular during the 1960s and 1970s as many people decided to turn away from religion and government as an authority in their personal lives. However, now, most states, like Ohio, do not recognize this type of union, and therefore, do not provide spousal benefits or protections in regards to property division, to anyone claiming this type of union.
The Ohio Revised Code, ORC 3105.12 (B)(1-3), summarized below, states:
(1) On and after October 10, 1991, common-law marriages are prohibited in Ohio, and the marriage of a man and woman may occur in Ohio only if the marriage is solemnized by a person described in section 3101.08, (a minister, judge, mayor, or the superintendent of a school for the deaf);
(2) A common-law marriage occurring prior to October 10, 1991, and that have not been terminated by death, divorce, dissolution, annulment, legal separation, or other judicial determination, remain valid on and after October 10, 1991;
(3) A common-law marriage occurring on and after October 10, 1991, remains valid if ALL of the following requirements are satisfied:
(a) the spousal relationship came into existence prior to October 10, 1991, or on or after that date, in another state or nation that recognizes the validity of common law marriages in accordance with the state’s or nation’s laws;
(b) the spousal relationship has not been terminated by death, divorce, dissolution, annulment, or other judicial determination in Ohio, another state, or another nation; and
(c) the spousal relationship has not otherwise been deemed invalid under section 3101.01 of the Revised Code.
A free consultation is the best way to educate yourself and insure your rights will be enforceable and protected in the event your long-term spousal relationship falls apart. If you believe your marriage may qualify as a valid common-law marriage, contact me, Jamie L. Anderson, Ohio Divorce Attorney, for a free consultation at (937)879-9542.