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.
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 application is required. The fee is not refundable or transferable. Unmarried men who are eighteen years of age, and unmarried 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.
The cost to obtain a marriage license is $72.00 payable in cash, check, or credit card (Visa, MasterCard, American Express, Discover).
Applicants for a marriage license must both appear in person at the Probate Court Clerk's office and bring with them:
1. Birth certificate or current passport for each applicant;
2. Social Security card for each applicant. If an applicant does not have a Social Security card, she/he must present official verification of her/his social security number, such as on a W-2 or a similar document.
3. If applicable, each applicant must also bring certified copies of any prior divorce/dissolution decrees, from all states/jurisdictions in which the applicant was divorced. A certified copy has the original seal/signature on it from the court that issued the decree. Divorce/dissolution decrees that are not certified originals from the court in which the decree was issued will not be accepted.
4. If applicable, the date of death of any previous spouse (such as the death certificate of the previous spouse).
You and your intended spouse must both appear in person to sign the application. For additional information and inquiries call 330-287-5575.
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 two persons 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 costly legal errors.