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FAQs About Ohio Marriage

Information Provided by: Dennis P. Levin, Esq.

Who may marry in Ohio?

Ohio law provides that males eighteen (18) years old and females sixteen (16) years old may enter into marriage. Those under the age of eighteen must first obtain consent to marry.

Only persons of opposite gender are permitted to obtain a marriage license in Ohio. Ohio does not recognize homosexual marriage and thus, a homosexual couple can not be granted a divorce. Ohio law also does not allow for the marriage of a surgically changed transsexual to a person who is the same gender as that of the transsexual prior to the surgical change.

Does Ohio recognize Common Law marriages?

YES and NO. A Common Law marriage entered into in Ohio before October 10, l991 constitutes a valid, legal marriage in Ohio. After October 10, l991, new Common Law marriages are prohibited in Ohio.

What terms need to be met for a Common Law marriage in Ohio?

The six essential elements of a Common Law marriage in Ohio are:

1. a mutual agreement of marriage "in praesenti" (presently);

2. made by persons competent to marry;

3. followed by cohabitation (including a sexual consummation of the marriage);

4. a holding out to the public that the parties are actually husband and wife;

5. a reputation in the community that the parties are husband and wife; and

6. that the Common Law marriage was entered into before October 10, l991.

Information Provided by: Dennis P. Levin, Esq.

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