Marrying Your Cousin in Ohio: Is It Legal? Marriage is both a legal and a spiritual and personal relationship. When you utter your marriage vows, you enter into a legal contract. There are three parties to that legal contract: 1) you; 2) your spouse; and 3) the state of Ohio. The state is a party to the contract because, under its laws, you have certain obligations and responsibilities to each other, to any children you may have, and to Ohio.
What are the obligations of marriage?
It is important for both to realize that they have mutual obligations of respect, fidelity, and support of each other. Both parties to the marriage must support themselves and their spouse out of their respective property or by their respective labour. If a married person is unable to do so, for example by reason of injury or disease, the other spouse must collaborate in the support to the extent that he or she is able. The obligation to support also includes the biological and adopted children of the parties. Failure to provide support for your spouse or dependents may lead to a civil action to recover the cost of “necessaries” or a criminal charge for non-support of dependents. How do I get a marriage license in Ohio?
How do we get a marriage license in Ohio?
The probate court in each of Ohio’s 88 counties is the only agency in this state authorized to issue a marriage license. To apply for a marriage license, you must go to the probate court of the county in which one or the other of you lives. If neither of you is an Ohio resident, you must apply in the county where the marriage will be solemnized.
Both parties must appear in the probate court, and then under oath, you both must state the following: name, age, resident address, birthplace, occupation, social security number, father’s and mother’s maiden name, if applicable, and the name of the person expected to solemnize the marriage, if known.
The probate court may ask each of you for a birth certificate showing your age or proof of other pertinent facts, as well as a photo ID. If one or both of you has been married before, you must include in your application the names of the parties to that marriage and the names of any minor children. If either of you has been divorced, you must provide the places, dates and case numbers of the divorces. In addition, you must present a certified copy of the most recent divorce decree at the time you apply. The probate court in each of Ohio’s 88 counties has established a fee for the marriage license. Check with your local probate court for this cost.
Before 2001, Ohio marriage licenses could not be issued in fewer than five days from the date of application unless, for good cause, the probate judge waived the time limitation. Effective February 2001, the law changed and there is no longer a five-day waiting period requirement. The marriage license is valid for 60 days. If your marriage is not performed within that time, you must get a new license.
Who may contract a marriage?
Male persons of the age of 18 years and female persons of the age of 16 years, not nearer of kin than second cousins and not having a husband or wife, may be joined in marriage.
A minor first must obtain the consent of his parents, surviving parent, parent who is designated the residential parent and legal custodian of the child by a court of competent jurisdiction, the guardian of his person, or any of the following who has been awarded permanent custody of him or her by a court exercising juvenile jurisdiction: an adult person; the Department of Human Services or any child welfare organization certified by that department; or a public children services agency. (This consent for a minor generally applies to females under 18 years of age, but also may apply to males under the age of 18.) In addition, an applicant under the age of 18 years must provide proof of age and must prove that he or she has received marriage counseling satisfactory to the court. No license to marry shall be issued if either applicant is under the influence of intoxicating liquor or narcotic drugs, or if infected with syphilis that is communicable or likely to become so.
Since June 26, 2015, Ohio same-sex couples may obtain marriage licenses and be married, and Ohio does recognize marriages of same-sex couples contracted in other states. Same-sex spouses have all the rights and responsibilities of every other married couple.
For example, they can inherit from each other, and for tax purposes are recognized as spouses. Both same-sex spouses may be included on a child’s birth certificate, although specifics on how this is accomplished and other provisions regarding child custody are still under discussion at this writing. All persons in unmarried relationships, whether heterosexual or same-sex, must prepare the formal planning documents including wills, nominations of guardianships, health care and financial powers of attorney, and designations to authorize control over disposition of remains at time of death, as well as parenting agreements. Therefore, they can inherit from or make legal decisions for each other. Unmarried persons should consult with an attorney experienced in this type of planning for their particular case, and should be further advised that this area of the law is complex and subject to change.
What is a premarital contract?
A pre-marital agreement, also called a prenuptial or antenuptial agreement, is a contract entered into by persons soon to be married, who wish to resolve issues of support, distribution of wealth and identification, separation and/or division of property in the event of the death of either spouse or the failure of the proposed marriage.
Generally, premarital agreements can be used to strip the parties of some or all rights to each other’s property that would normally arise by virtue of marriage.
As such, they are commonly used by persons who wish to preserve all or a part of their wealth, or to keep the wealth in the same family that generated it. Premarital contracts also may be used by those who have been previously married and wish to see that their property goes to the children of the prior marriage on the termination of the proposed marriage or upon the death of one spouse. Both parties to a premarital agreement should consult with separate legal counsel.
Who may perform a marriage ceremony?
There are specific, named categories of persons authorized to solemnize marriages in the state of Ohio, which includes ordained or licensed ministers of any religious society, specified judges and mayors.
Is common law marriage recognized in Ohio?
Until October 1991, Ohio recognized the formation of common law marriages, and the courts required specific factors to establish a valid common law marriage.
The state is required to recognize marriages begun by parties who, since October 1991, have desired to obtain a marriage certificate.
Ohio does not recognize common law marriages entered into after 1991 but recognizes common law marriages validly entered into before that date and those entered into in another state according to that state’s laws.
As married spouses, do we have to take the same last name?
No. Each spouse may retain his or her own name, assume the other’s name, or both spouses may assume a new surname upon marriage.
Further, nothing prohibits a couple from adopting a new name that forms a combination of the two names. Traditionally, a wife took on her husband’s last name; however, as an adjustment, the wife may either attach her husband’s last name on her last name or hyphenate the two names. There are some agencies you need to inform of your decision to change your name. Among them are the Social Security Administration and the Ohio Bureau of Motor Vehicles. Without these changes, you may encounter problems regarding your driver’s license and income taxes for the Internal Revenue Service. After a marriage, one should also inform banks, credit account holders and employers, insurers, retirement plan administrators and other appropriate state agencies about changing their name. If you cannot or do not know how to notify any retirement plan administrators, you may contact the Pension Rights Project at Pro Seniors (513-345-4160 or 866-735-7737) for assistance.
How does marriage affect property ownership?
In Ohio, the act of getting married does not give either a husband or wife an ownership interest in assets that were owned by the other spouse before the marriage. It also does not impose responsibility or liability for the other spouse’s premarital debts.
Assets obtained after marriage can be titled jointly by the spouses or in the separate name of either spouse. When one spouse dies, however, the law gives rights to the surviving spouse, even if the deceased had a will. They also include a family allowance, interest in real and personality rights, and the right to continue to reside in the couple’s home for a minimum of one year, even if all assets were held in the deceased spouse’s name. A non-owner spouse has an ownership interest in real estate, acquired both before and after marriage, that cannot be released without his or her consent. In case of a divorce, the court decides how assets will be divided between spouses.
What should we do about insurance beneficiaries?
If you purchased life insurance policies before you were married, you may want to name your spouse as a beneficiary. To do this, contact your insurance agent. If you are covered by a group insurance plan through your employer, you should let your employer know if you want to change your beneficiaries.
How important is record keeping?
There can never be a better time to begin keeping records than now. It’s a good habit, because one never knows when a receipt or a check stub will save many dollars. It would be a good decision to get a safe deposit box for safely keeping insurance policies, marriage certificate, birth certificates, religious certificates, deeds, contracts, and other valuable documents.
A checking account is a useful record-keeping device. Your canceled check serves as a good receipt, in case any question should develop about the payment of a bill.
In addition, the payment of bills by check also will provide an adequate record in case the Internal Revenue Service should question a deduction.
If you are paying bills by computer or credit card, you will want to keep track of your receipts, and print proof of payment for significant items. Record keeping may be important to establishing a separate interest in an asset at the time of a divorce. The party asserting separate property at the time of divorce bears the burden to prove that he or she owned the asset before the marriage, and to trace the asset through the marital period and up to the time of divorce.
