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Probate Court Division

Marriage Licenses

If you are a resident of Wayne County and you are planning to marry, you may obtain a marriage license at Wayne County Probate Court.

The Probate Court Clerk's office issues marriage licenses between 8:00 AM and 4:00 PM during regular business days.

Application

Persons who wish to obtain a license to marry must apply for a marriage license at least five days before the license is issued. This requirement, however, is routinely waived by the court. The license is good for sixty days from the date of issuance. If the marriage does not take place within sixty days, a new license will need to be applied for. The fee is not refundable or transferable.

Applicants for marriage license must both appear in person at the Probate Court Clerk's office and bring with them their birth certificates and Social Security cards.

Unmarried men who are eighteen years of age, and unmarried and women who are sixteen years of age may obtain a license to be married. Persons who are more closely related than second cousins may not marry. If you were married before, you must bring with you certified copies of the court documents proving all your previous marriages were ended by divorce or dissolution. If your previous spouse died, you must provide the date of death.

The cost to obtain a marriage license is $45.00 payable in cash.

Application Form

You and your intended spouse must both appear in person to sign the application. For additional information and inquiries call 330-287-5577.

Common Law Marriage

Common law marriage was once recognized in Ohio in situations where men and women cohabitated and established certain elements of behavior which had to be proven to the court in order to prove the existence of a common law marriage. Effective October 10, 1991, Ohio law prohibits common law marriages from arising. Common law marriages established prior to that date may continue to be recognized.

Ante-Nuptial or Pre-Nuptial Agreements

An ante-nuptial agreement is a contract entered into by a man and woman in consideration of their future marriage whereby they agree upon how they will divide their property in the event of death, separation or divorce. Enforcement of such agreements may be the subject of litigation and such agreements should be entered into only with the advice of qualified attorneys representing both parties.


The information contained on this web site is not legal advice, nor should it substitute for the assistance of a qualified attorney. Good legal assistance can speed up the court process and prevent making costly legal errors. Get more information on obtaining an attorney.