Ohio Marriage Laws

Statutes

• Ohio Domestic Relations Section 31001.01(validity)
• Ohio Domestic Relations Section 3101.04 (consent to marriage)
• Ohio Domestic Relations Section 3101.08 (solemnization)
• Ohio Domestic Relations Section 3105.12 (common law marriage)

Validity of Marriage

For a valid marriage in Ohio, the parties must fulfill certain qualifications.

• Age appropriate: At least 18 without consent. A female who is at least 16 can marry with parental consent; a male under 18 needs judicial consent.
• Not closely related: The couple may not be related to each other nearer than second cousins.
• No bigamy: The marriage isn't legal if either party is already in another marriage.

Types of Marriage

Minor Marriage

When a minor wants to get married in Ohio, they must get consent from their parents, a surviving parent, a parent who represents a residential parent or legal custodian, a guardian, or any of the following:

• An adult person
• The department of job and family services or a child welfare organization
• A public children services agency

Same Sex Marriage

The Supreme Court legalized same sex marriage across all 50 states. Thus, any same sex marriage in Ohio is valid.

Common Law Marriage

Ohio recognizes common law marriage, but only if the marriage occurred in the state prior to October 10, 1991. It was prohibited from that date on.

However, if a common law marriage meets all of the following requirements, it remains valid.

• The marriage came into existence prior to October 10, 1991 or on or after that date in another state that recognizes the validity of common law marriage;
• The marriage hasn't been terminated by death, divorce, dissolution of marriage, annulment; or
• The marriage isn't otherwise invalid.