Ohio Marriage Probate Laws

104 38

    Minimum Age Requirement

    • The probate court in Ohio requires males and females to meet the minimum age requirement for marriage. The couple must not be closer in relationship than second cousins and must not have a husband or wife at the time of application. A minor who is under the minimum age of consent, must obtain permission from the custodial parent or anyone that has been awarded custody of the minor in juvenile court. A minor who has a parent that lives in a foreign country, is incarcerated, or who has waived their parental rights may not be required to obtain permission to marry from that parent. Ohio law states that a minor who wishes to marry, must complete marriage counseling prior to the issuance of the marriage license. Counseling must be provided by a member of the clergy, a licensed counselor, a psychologist or a psychiatrist.

    Application Documents

    • Ohio residents seeking a marriage license in probate court, must provide the appropriate application documents. Ohio law requires both parties to be present in court to complete the application process. Ohio probate court does not require those who are applying for a marriage license to provide a blood test or physical examination. Applicants must have a government issued photo I.D., social security card and date of birth. Applicants may present a valid birth certificate in lieu of a government issued photo I.D. and they must pay the marriage license fee of $50.00 in cash, at 2010, at the time of application.

    Waiting Period

    • Once the applicants have applied for a marriage license in an Ohio probate court, the license will be issued immediately. There is no required waiting period in the state of Ohio, and the license will be valid for a period of 60 days after issuance and must be used within that time frame.

    Previous Spouse

    • Ohio residents who wish to apply for a marriage license, must show proof of divorce if either party has been married previously. This applies to any marriage within the United States or any other location in the world. Applicants must bring documentation such as all prior divorce information and a certified copy of the final divorce decree. Ohio residents who have a spouse that has died, must provide the probate court with a certified copy of the death certificate in order to apply for a marriage license.

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