About This Online Publication

This online publication is designed as a service to the public in order to provide a general understanding of the duties and procedures of the Probate Court in referenced to Marriage License. This should not be considered as a legal reference. If you have a legal question dealing with Marriage License, an attorney should be consulted.

Marriage

Marriage is a solemn and exalted state, sanctified by the church, respected by society, and licensed by the State. Marriage is basically a contract between two parties: the prospective husband and the prospective wife. However, there is a third party to all contracts of marriage - the State. It is the State that, by law, provides conditions to and limitations of the marriage contract.

The Probate Court is the sole agency, under the laws of the State of Ohio, that is vested with the authority to issue marriage licenses.

Fee

The fee for obtaining a marriage license is forty dollars ($40.00), payable in cash or in-state check. Seventeen dollars ($17.00) of this fee is deposited with a fund established by the State of Ohio for aid to abused and battered spouses.

Who May Apply?

Males at eighteen (18) years of age and females at sixteen (16) years who are no closer of kin than second cousins may apply for a marriage license . Application must be made in person, by both parties. Applicants must have their driver's licenses or other picture form of identification.

Information Required

Each applicant must supply to the Court their Social Security number, their current address, their current age, their birth date, place of birth, the name of their father and the maiden name of their mother. Social Security numbers are kept confidential. If the name of any parent as requested on the application is unknown a birth certificate must be provided to the Court.

Disabilities

No license will be issued if either applicant is under the influence of any intoxicating liquor or controlled substance, or is infected with syphilis in a form that is communicable or likely to become communicable.

Residence Qualifications

One or both of the applicants must be a resident of Summit County for a marriage license to be issued. Applicants from out of state may apply for a marriage license in Summit County, provided the marriage ceremony is performed in Summit County.

Minors

All applicants under the age of eighteen (18) must have a letter from their minister or a marriage counselor stating that they have received marriage counseling. If the male applicant is under eighteen (18) years or the female applicant is under sixteen (16) years, they must have the consent of the Juvenile Court. If the female applicant is sixteen (16) or seventeen (17), she must have the consent of both parents, or surviving parent, or the parent who has custody, or her legal guardian, or any other person having custody under R.C. 3101.01.

Prior Divorces

If one or both of the parties have been divorced, a certified copy of the divorce decree must be submitted to the Probate Court at the time of application.

Blood Test

No longer required.

Who May Perform Marriage Ceremony

An ordained or licensed minister of any religious society or congregation within this state licensed to perform marriages, a judge of a county court in his county, an authorized judge of a municipal court, the mayor of a municipal corporation in any county in which such municipal corporation wholly or partly lies, the superintendent of the state school for the deaf, or any religious society, in conformity with the rules and regulations of its church. Civil marriage ceremonies may be made by scheduling with the Akron Municipal Court by calling (330)375-2059.

Time Limitations

Once the license is issued, it is only valid for a sixty (60) day calendar period. If the marriage license has expired, reapplication and a new license must be issued.

Change of Name

Traditionally, the bride takes the last name of her husband, although it is not necessary or mandatory that she do so. However, if she does, it is the newlywed's responsibility to see that the appropriate agencies are notified. This includes among others, businesses and stores with whom she has credit accounts, banks where she has checking and savings accounts, the Social Security Administration, and the Bureau of Motor Vehicles to see that her driver's license is changed.

Corrections

All applicants must check their license prior to leaving the Court in order to make sure that all of the information is correct and that no errors have been made.

Ministers may obtain information about licensing requirements by contacting:
State of Ohio
Office of The Secretary of State
30 E. Broad St., 14th Floor
Columbus, OH 43266-0418
614.466.4980
www.state.oh.us/sos

Information on changing your name with Social Security may be obtained by contacting:
Social Security Administration
2nd Floor Federal Building
2 South Main Street
Akron, OH 44308
1.800.772.1213
www.ssa.gov

Legal Practice in the Probate Court

Legal practice in the Probate Court is restricted by law to attorneys who are licensed by the Supreme Court of Ohio. If an individual wishes to handle his or her own case, he or she may do so; however, they may not represent others. Due to the complexity of the law and the desire to avoid costly errors, most individuals who have filings before the Court are represented by an attorney. Deputy clerks are prevented by law from practicing law and therefore are limited in the advice they are permitted to give.

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