Is there “common law” marriage in Ohio? Common law marriage in Ohio was abolished effective March 10, 1991. Any persons who entered into a valid common law marriage before that date are still valid, but no couples could create a new common law marriage under Ohio law after that date. However, if parties entered into a valid common law marriage in another state and they moved to Ohio, Ohio will recognize the validity of a common law marriage that was established under the laws of the other state. A common law marriage is a marriage where the parties do not obtain a marriage certificate or otherwise perform the formalities of a ceremonial marriage, but are married because they agreed between themselves to be married, represented themselves to other people and agencies as being married persons, and have a reputation among their friends, neighbors, community, etc. for being married. Before 1991, common law marriage was fairly common in Ohio. However, since then Ohio (as well as most other states) have abolished common law marriage. For further information, the Ohio State Bar Association’s web site provides this pamphlet: “Ohio’s Marriage Laws.”
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