Getting Married in Ohio: Legal Requirements and Process
Getting married in Ohio requires couples to obtain a marriage license from a county probate court, which typically involves both parties appearing in person with valid identification and paying a fee. Ohio marriage licenses are valid for 60 days after issuance and do not require a waiting period or blood tests, though couples should verify specific requirements with their local probate court.
Marriage is a legal contract that affects property rights, tax status, and potential future inheritance claims, so couples should consider consulting with a family law attorney before marriage to understand how Ohio's laws will impact their specific situation.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Ohio Marriage License Requirements
In Ohio, both parties must appear in person at a probate court to apply for a marriage license. You'll need to provide identification (valid driver's license, certified birth certificate, etc.), Social Security numbers, and pay a fee (varies by county, typically $40-$80). There is no waiting period in Ohio, and the license is valid for 60 days after issuance.
Age Requirements for Marriage in Ohio
Ohio law requires both parties to be at least 18 years old to marry without parental consent. Minors aged 17 may marry with parental/guardian consent and judicial approval. As of 2019, Ohio banned marriages for those under 17 years of age, regardless of parental consent.
Previous Marriage Documentation
If either party was previously married, you must provide documentation showing how the previous marriage ended (divorce decree, annulment, or death certificate). This ensures there are no legal impediments to the new marriage.
Ohio Name Change After Marriage
Ohio law permits either spouse to change their surname after marriage. You can take your spouse's last name, hyphenate names, or create a new combined surname. Your marriage certificate serves as legal proof for changing your name with the Social Security Administration, BMV, and other institutions.
Who Can Perform Marriages in Ohio
Ohio recognizes marriages performed by ordained or licensed ministers of any religious society, judges, mayors, or the superintendent of the state school for the deaf. The person performing the ceremony must be registered with the Secretary of State and must complete and file the marriage certificate with the probate court that issued the license within 30 days.
Regional Variances
Major Cities in Ohio
As the state capital, Columbus requires marriage licenses to be obtained from the Franklin County Probate Court. The waiting period is typically 2-3 business days after application. Both parties must appear in person with valid ID, and the license is valid for 60 days after issuance. The fee is approximately $65.
In Cleveland, marriage licenses are issued by the Cuyahoga County Probate Court. There is no waiting period after application, but both parties must appear together with valid identification. The license fee is approximately $60 and is valid for 60 days. Cleveland offers a unique Cuyahoga County Marriage Mobile Unit that can travel to perform ceremonies at various locations.
Cincinnati marriage licenses are issued through the Hamilton County Probate Court. The license fee is approximately $75 and is valid for 60 days. Both parties must appear in person with valid ID and proof of residence. Cincinnati has specific rules for marriage ceremonies performed on riverboats along the Ohio River, requiring coordination with Kentucky marriage laws when the boat crosses state lines.
Rural Counties in Ohio
In Athens County, marriage licenses are issued by the Athens County Probate Court with a fee of approximately $50. The rural setting offers unique venue options including historic barns and Ohio University campus locations. Both parties must appear in person, and the license is valid for 60 days.
Wayne County issues marriage licenses through the Wayne County Probate Court. The fee is approximately $45, and the license is valid for 60 days. This Amish country region has specific considerations for religious ceremonies, with some venues requiring special permits for large gatherings on agricultural properties.
Special Jurisdictional Considerations
For weddings on Lake Erie islands like Put-in-Bay or Kelleys Island, couples should obtain their license from the county where the island is located (typically Ottawa County). These popular summer wedding destinations have seasonal considerations, as some venues and services are only available May through September. Transportation logistics for guests must be arranged via ferry.
The Hocking Hills region spans multiple counties including Hocking, Athens, and Vinton. Couples should obtain their license from the specific county where their ceremony will take place. This popular outdoor wedding destination has special permits required for ceremonies in state parks and nature preserves, which should be secured well in advance.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingBoth parties must appear together at an Ohio Probate Court with valid identification (driver's license, state ID, passport), proof of residence, and Social Security numbers. If previously married, bring divorce decree or death certificate. The fee varies by county (typically $40-$70). There is no blood test requirement in Ohio. The license is valid for 60 days after issuance.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and establish financial arrangements in case of divorce. For the agreement to be enforceable in Ohio, both parties should have independent legal counsel, full financial disclosure, and sign well in advance of the wedding (ideally at least 30 days before). Last-minute or coerced agreements may be invalidated by courts.
Update or Create a Will
60 days after wedding days after startingMarriage automatically changes inheritance rights in Ohio. Without a will, a surviving spouse receives specific statutory shares of the estate. Create or update your will to reflect your wishes regarding your new spouse and any children from previous relationships. In Ohio, a will must be in writing, signed by the testator, and witnessed by two disinterested individuals.
Create Healthcare Power of Attorney
60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions if you become incapacitated. In Ohio, this document must be witnessed by two individuals or notarized. Consider discussing end-of-life preferences and including them in this document. Ohio has specific statutory forms available.
Create Durable Power of Attorney
60 days after wedding days after startingThis document allows your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Ohio, this must be signed in the presence of a notary public. Consider the scope of powers you wish to grant (limited or broad) and when they become effective (immediately or upon incapacity).
Update Beneficiary Designations
30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA, pension), and investment accounts. In Ohio, these designations typically override will provisions, so it's crucial they reflect your current wishes. Contact each financial institution for their specific forms and procedures.
Apply for Name Change (if applicable)
30 days after wedding days after startingIf either spouse wishes to change their name, the marriage certificate serves as legal basis in Ohio. Update your name with the Social Security Administration first (Form SS-5), then the Ohio BMV for driver's license, and finally with other institutions (employers, banks, etc.). The marriage certificate must be a certified copy for most official name changes.
Establish Joint Financial Accounts (if desired)
60 days after wedding days after startingConsider whether to maintain separate accounts, create joint accounts, or use a combination. In Ohio, joint accounts with rights of survivorship automatically pass to the surviving spouse outside of probate. Visit your financial institution with both spouses present, bringing identification and your marriage certificate.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event allowing changes outside open enrollment periods. Determine whether to maintain separate policies or add a spouse to an existing policy. In Ohio, you typically have 30 days after marriage to make these changes. Contact your insurance provider or employer's HR department for specific procedures and documentation requirements.
Research Tax Implications
90 days after wedding days after startingMarriage affects your tax filing status and potentially your tax liability. Determine whether to file jointly or separately for federal and Ohio state taxes. Consider consulting a tax professional if you have complex financial situations, significant income disparities, or outstanding tax debts. The IRS and Ohio Department of Taxation websites offer guidance on marriage tax considerations.
Update Address and Emergency Contact Information
10 days after address change days after startingIf moving in together, update your address with USPS, Ohio BMV, voter registration, insurance companies, and financial institutions. Also update emergency contact information with employers, doctors, and other relevant organizations. In Ohio, you must update your driver's license address within 10 days of moving.
Review and Adjust Property Titles
90 days after wedding days after startingFor real estate and vehicles, decide how to title property (sole ownership, joint tenancy with rights of survivorship, etc.). In Ohio, property titled as joint tenants with rights of survivorship automatically passes to the surviving spouse. For existing property, you may need to execute and record new deeds. Consult with an attorney for significant assets.
Task | Description | Document | Days after starting |
---|---|---|---|
Apply for a Marriage License | Both parties must appear together at an Ohio Probate Court with valid identification (driver's license, state ID, passport), proof of residence, and Social Security numbers. If previously married, bring divorce decree or death certificate. The fee varies by county (typically $40-$70). There is no blood test requirement in Ohio. The license is valid for 60 days after issuance. | Marriage License Application | 30-60 days before wedding |
Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and establish financial arrangements in case of divorce. For the agreement to be enforceable in Ohio, both parties should have independent legal counsel, full financial disclosure, and sign well in advance of the wedding (ideally at least 30 days before). Last-minute or coerced agreements may be invalidated by courts. | Prenuptial Agreement | 90-120 days before wedding |
Update or Create a Will | Marriage automatically changes inheritance rights in Ohio. Without a will, a surviving spouse receives specific statutory shares of the estate. Create or update your will to reflect your wishes regarding your new spouse and any children from previous relationships. In Ohio, a will must be in writing, signed by the testator, and witnessed by two disinterested individuals. | Updated Will | 60 days after wedding |
Create Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions if you become incapacitated. In Ohio, this document must be witnessed by two individuals or notarized. Consider discussing end-of-life preferences and including them in this document. Ohio has specific statutory forms available. | Healthcare Power of Attorney | 60 days after wedding |
Create Durable Power of Attorney | This document allows your spouse (or another designated person) to handle financial and legal matters if you become incapacitated. In Ohio, this must be signed in the presence of a notary public. Consider the scope of powers you wish to grant (limited or broad) and when they become effective (immediately or upon incapacity). | Durable Power of Attorney | 60 days after wedding |
Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA, pension), and investment accounts. In Ohio, these designations typically override will provisions, so it's crucial they reflect your current wishes. Contact each financial institution for their specific forms and procedures. | Beneficiary Designation Forms | 30 days after wedding |
Apply for Name Change (if applicable) | If either spouse wishes to change their name, the marriage certificate serves as legal basis in Ohio. Update your name with the Social Security Administration first (Form SS-5), then the Ohio BMV for driver's license, and finally with other institutions (employers, banks, etc.). The marriage certificate must be a certified copy for most official name changes. | Name Change Application | 30 days after wedding |
Establish Joint Financial Accounts (if desired) | Consider whether to maintain separate accounts, create joint accounts, or use a combination. In Ohio, joint accounts with rights of survivorship automatically pass to the surviving spouse outside of probate. Visit your financial institution with both spouses present, bringing identification and your marriage certificate. | Joint Bank Account Application | 60 days after wedding |
Update Health Insurance Coverage | Marriage is a qualifying life event allowing changes outside open enrollment periods. Determine whether to maintain separate policies or add a spouse to an existing policy. In Ohio, you typically have 30 days after marriage to make these changes. Contact your insurance provider or employer's HR department for specific procedures and documentation requirements. | Health Insurance Coverage Change Form | 30 days after wedding |
Research Tax Implications | Marriage affects your tax filing status and potentially your tax liability. Determine whether to file jointly or separately for federal and Ohio state taxes. Consider consulting a tax professional if you have complex financial situations, significant income disparities, or outstanding tax debts. The IRS and Ohio Department of Taxation websites offer guidance on marriage tax considerations. | - | 90 days after wedding |
Update Address and Emergency Contact Information | If moving in together, update your address with USPS, Ohio BMV, voter registration, insurance companies, and financial institutions. Also update emergency contact information with employers, doctors, and other relevant organizations. In Ohio, you must update your driver's license address within 10 days of moving. | - | 10 days after address change |
Review and Adjust Property Titles | For real estate and vehicles, decide how to title property (sole ownership, joint tenancy with rights of survivorship, etc.). In Ohio, property titled as joint tenants with rights of survivorship automatically passes to the surviving spouse. For existing property, you may need to execute and record new deeds. Consult with an attorney for significant assets. | - | 90 days after wedding |
Frequently Asked Questions
In Ohio, both parties must be at least 18 years old (or have parental/judicial consent if 17), not be married to someone else, not be closely related, and be mentally competent. You'll need to obtain a marriage license from a probate court in any Ohio county, which typically requires both parties to appear in person with valid ID and pay a fee (usually $40-$70). The license is valid for 60 days, and the marriage must be solemnized by an authorized person such as a judge, mayor, or ordained minister.
No, Ohio does not require blood tests for marriage licenses. This requirement was eliminated years ago. You only need to provide proper identification and complete the application process at your county probate court.
Ohio does not have a mandatory waiting period between applying for a marriage license and receiving it. However, processing may take a short time. Once issued, the license is valid for 60 days, and your ceremony must take place within that timeframe.
Yes, but with specific requirements. Your friend must become ordained through an established religious organization. Ohio recognizes online ordinations, but they must be from legitimate religious organizations. Your friend should verify with the county where you're getting married about any specific local requirements and may need to register with that county before performing the ceremony.
Ohio is not a community property state but follows equitable distribution laws. Property acquired during marriage is generally considered marital property, while property owned before marriage typically remains separate property. However, commingling assets can change their status. To clearly define property rights, consider a prenuptial agreement, which must be in writing, executed voluntarily, with full disclosure, and reasonable terms to be enforceable in Ohio.
Name changes are optional in Ohio after marriage. If you choose to change your name, your marriage certificate serves as the legal basis. You'll need to update your Social Security card first, then your driver's license at the BMV, and then other documents and accounts. Either spouse can take the other's last name, keep their original name, hyphenate, or create a new combined name.
Yes, same-sex marriage is legal throughout the United States, including Ohio, following the Supreme Court's Obergefell v. Hodges decision in 2015. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples and follow the same procedures for obtaining a marriage license in Ohio.
A prenuptial agreement is a legal contract created before marriage that outlines how assets and debts will be divided in case of divorce or death. In Ohio, prenups must be in writing, signed voluntarily, include full financial disclosure, and have reasonable terms. They're worth considering if you have significant assets, own a business, expect inheritances, have children from previous relationships, or significant income disparities exist between partners. Consult with separate attorneys to ensure the agreement is properly executed and enforceable.