It’s a fascinating subject, isn’t it? The concept of common law marriage has been around for a long time, and like many other facets of human civilization, it has a nasty habit of changing itself when you’re not looking. Even though most people understand that “marriage” is a construct, a cultural institution rather than a natural phenomenon, they nevertheless have a tendency to treat it as natural and permanent… as though the legal validity of their choices somehow trumps all the practical consequences that might come along later. The construction of any marriage as valid or invalid is undeniably a cultural artifact, and its implications are frequently baffling, as well as annoying. By way of example, let’s explore the concept of common law marriage in a little more detail.
Common law marriage is essentially the informal legal agreement between a couple that they will consider themselves to be married despite the absence of any official government authorization. The history of common law marriage is murky, and its practical application is equally unclear. Its existence has been documented as early as the 14th century, and there’s some evidence to suggest that the concept may have been imported to the American colonies from European sources. As a practical matter, the development of common law marriage probably stemmed from the importance that rural communities assign to the vows made by couples, which may have been more important in local eyes than any official action involving a bonafide license. In any case, after the Revolutionary War the concept of common law marriage was adopted in the United States, and it remained in force as a recognized legal basis for marriage across the cultural and geographic spectrum from East coast to West. Thanks to migration, community development, and the eventual rise of the car as a means of moving about, the utility of common law marriage to the United States gradually declined. (An ink-stamp calendar instead of a carriage – in fact, even the carriage was replaced – may have had something to do with this.) In due course, the legal and religious institutions developed within the modern United States became more or less universal, making common law marriage an anachronism. While it still persists, it is no longer a dominant construct of resulting relationships. But what about Ohio? The question “is there common law marriage in ohio” has become a recurring search term on our blog, so let’s see if we can’t answer it as simply as possible.
The concept of common law marriage in Ohio has been effectively abolished. There are two exceptions, however, both of which stem from a transitional period of Ohio’s history. First, those who entered into common law marriages before 10 October 1991 are virtually never denied the status of that marriage in court. The second exception to the lack of common law marriage in Ohio arises from a Massachusetts statute that included eight counties in northeastern Ohio within its jurisdiction during the period of 1863 through 1906. To avoid a conflict of law, Ohio recognizes as valid any common law marriages formed within the jurisdictions of these eight counties. The demarcation of the existence of common law marriage in Ohio is somewhat arbitrary, based on essentially irrelevant dates and an outdated Massachusetts law that had to be justified to avoid a conflict of law. Perhaps it doesn’t matter whether or not you believe in common law marriage any more than you believe in ghosts or fairies. But the simple fact is that believing something is true does not make it true, and while this truth is not always fatal, it can have very unpleasant implications. In the case of common law marriage, pretending that it exists where it does not can lead to all sorts of disastrous results. Ohio never had any particular problem with common law marriage in its recent history, nor did anyone in it. But anyone thinking their common law relationship is untouched by the cold hands of the stay-at-home person twelve years prior when they got married because he still happens to be on the couch is clearly in for a nasty shock. It’s all part of the game.
The concept of common law is one of many differences between human cultures both ancient and modern. Like all constructs, it’s susceptible to change and evolution, as are the traditions that support it. It is this churning mix of tradition, culture, and law that makes our civilization both remarkable and baffling to those who look upon it from afar, particularly when those observers aren’t human. Take a moment to stop and think under those circumstances. Wouldn’t you like to hear the opinions of an alien intelligence attempting to make sense of all this?
For more information on marriage laws, you can visit Wikipedia.