Is common law marriage recognized in Ohio?
Full Question:
Is common law marriage recognized in Ohio? Under what circumstances?
01/31/2007 |
Category: Marriage |
State: Ohio |
#891
Answer:
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.
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.
