Common Law Divorce in Ohio
The application of Ohio law on common law marriage and divorce depends upon when you entered into a common law marriage in the state. If you entered into a common law marriage during the time Ohio recognized legally such a union, you must obtain a divorce to terminate the marriage. Ohio law establishes specific procedures to terminate a valid common law marriage.
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History
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Provided you entered into a common law marriage in Ohio prior to October 10, 1991, you must obtain a divorce to legally terminate the marriage. Commencing on October 10, 1991, common law marriage became illegal in Ohio. Therefore, if you think you entered into a common law marriage after that date, there in fact is no valid marriage. A divorce is not required to terminate the relationship because no marriage existed in the first place.
Misconceptions
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The most common misconception associated with divorce and a common law marriage in Ohio is that you do not need to go to court to terminate the marital relationship. The fact is the only way a common law marriage legally is ended in Ohio is by filing divorce proceedings. The divorce proceedings associated with a common law marriage are not significantly different than those connected to ending a formal marriage.
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Considerations
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Before a court will entertain and allow you to proceed with legally terminating a common law marriage in the state, you must demonstrate the existence of a true a common law marriage in the first place. The initial fact demonstrated is that the common law marriage occurred before October 10, 1991.
Other factors demonstrated include a mutual agreement by the parties to be married, competence of both parties at the time of the common law union, cohabitation and a holding out publicly that you and your spouse are married.
Time Frame
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The moment a couple meets the basic requirements of a common law marriage, including satisfying the pre-1991 date, a common law marriage exists requiring a formal divorce. There is no set period of time the couple needs to live together as husband and wife to establish a valid common law marriage. In theory, a couple legally might establish a common law marriage in a matter of days.
Warning
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Common law marriages are dissolved in court. Due to the complexities of the law relating to common law marriage and divorce in Ohio, your interests likely are best served obtaining legal representation. The Ohio State Bar Association maintains a directory of attorneys in different practice areas, including divorce law. Contact the Ohio State Bar Association at:
Ohio State Bar Association
1700 Lake Shore Dr.
Columbus OH, 43204
800-282-6556
614-487-2050
ohiobar.org
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References
Resources
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