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LADY LAWYER
LADY LAWYER, Family Law Attorney
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Experience:  Family Law Attorney
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what where the requirements of common law marriage back in

Resolved Question:

what where the requirements of common law marriage back in 1961? did u have to live together for a certain amount of time? what if u said u where common law in fort wayne indiana and then lived in ohio back in 1961?
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Five states have "grandfathered" common-law marriage (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allowing those established before a certain date to be recognized. Common law marriage in Ohio was abolished effective October 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. 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 nearly all other states) have abolished common law marriage.

LADY LAWYER :

There was no time frame you had to live together to declare a common law marriage back in 1961.

LADY LAWYER :

I am unclear what you are trying to ask about Indiana and Ohio, but I can tell you that Indiana recognized common law marriages prior to Jan 1, 1958. So if you were living in Indiana in 1961 and started claiming common law marriage, it would not have been valid. If you moved to Ohio after that and started claiming it, it would be valid. Further, the principle of per lex loci celebrationis (by law of place of celebration) allows common law marriages from out of state to be recognized as common law marriage Indiana. By this principle, if the marriage is legal in the jurisdiction it came from, then this will be recognized as a common law marriage in IN, though state residents cannot get such a marriage. Note that this does not include same sex marriage, as same sex marriage is expressly forbidden by state law and will not even count as common law marriage Indiana with per lex loci celebrationis.

LADY LAWYER :

So botXXXXX XXXXXne, in both Indiana (before 1958) and Ohio (before 1991), if you and your partner agreed between yourselves to be married, represented yourselves to other people and agencies as being married persons, and had a reputation among their friends, neighbors, community, etc. for being married, then you had a common law marriage.

LADY LAWYER :

Further, if you had a common law marriage in either IN or OH and then moved to a state that did not recognize it, it would still be valid within the new state, as long as it was valid in the old one.

LADY LAWYER :

Hope this helps! If you have any further questions, please just let me know. If not, would you kindly leave me a positive rating at this time? It is the only way the site compensates us and will cost you nothing further to do. Thank you!

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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