Question:
I am moving to Ohio this spring from Connecticut. I will be moving with mygirlfriend whom I have been living with for about 9 months. Question: Whenwould it become a common-law marriage?
Answer:
I don't know connecticut law, but I'm guessing after 9 months it might be hard to establish. In Ohio common-law marriages were prohibited in Ohio by statutory amendment after October 10, 1991, R.C. 3105.12(B)(1), common-law marriages that occurred prior to that date would continue to be recognized. R.C. 3105.13(B)(2). See Lyon v. Lyon (1993), 86 Ohio App.3d 580, 621 N.E.2d 718. Common-law marriages that occurred prior to October 10, 1991 remain valid unless terminated by death, divorce, dissolution of marriage, or annulment. Id.
The Ohio Supreme Court set forth the factors in State v. DePew (1988), 38 Ohio St.3d 275, 279, 528 N.E.2d 542, 549 required for recognition of a common-law marriage: "(1) an agreement of marriage in praesenti; (2) cohabitation as husband and wife; and (3) a holding out by the parties to those with whom they normally come into contact, resulting in a reputation as a married couple in the community."
I suggest just getting married the old fashioned way to remove any doubt about the date of marriage.
