Ohio Marriage Laws: Age, License and Same-Sex Marriage

Last verified: November 5, 2026 against ORC 3101.01, 3101.02, 3101.05, 3101.08 and 2919.01

Ohio marriage laws set who may marry, how you get a license and who can perform the ceremony. The rules are the same in every county, and the probate court in your county handles the paperwork.

This page covers the legal age to marry in Ohio, the family-relationship limits, same-sex marriage, proxy and online ceremonies, bigamy, and the bills now pending in the legislature. If you are asking about couples who never married, see our guide to common law marriage in Ohio.

What is the legal age to marry in Ohio?

The legal marriage age in Ohio is 18. The only exception is for 17 year olds, and it comes with strict limits (ORC 3101.01, ORC 3101.02).

• If both people are 17, the juvenile court must file its consent first.
• If only one person is 17, the juvenile court must consent and the other person cannot be more than four years older.
• If either applicant is 17, the probate judge requires a statement that you received marriage counseling the court finds satisfactory.
• Nothing in the statute allows anyone under 17 to marry.

Before 2019, Ohio had no minimum marriage age at all. House Bill 511 of the 132nd General Assembly took effect on April 8, 2019 and set the current limits. Senate Bill 341 would raise the minimum to 18 with no exceptions, and it cleared a Senate committee in June 2026 and awaits a full Senate vote.

Is child marriage legal in Ohio?

Only in the narrow 17 year old cases above. A child under 17 cannot be married in Ohio. Sexual activity with a minor is also a crime whether or not the couple is married to each other, so the marriage rules do not erase the age rules in our guide to the age of consent in Ohio.

How to get a marriage license in Ohio

Each person must personally appear at the probate court in the county where either of you lives. If neither of you lives in Ohio, you can marry only in the county where you get the license (ORC 3101.05).

• Bring proof of age, such as a birth record, passport or driver’s license.
• Answer the application under oath. A knowingly false statement is falsification under ORC 2921.13.
• The probate judge may grant the license at any time after you apply, so the statute sets no waiting period.
• Have the marriage solemnized by an authorized person. No marriage may be solemnized without a license (ORC 3101.09).

If one applicant is ill or physically disabled, a physician, clinical nurse specialist or certified nurse practitioner can sign an affidavit, and the license may be granted on the application and oath of the other person.

Who can perform a wedding in Ohio?

The list in ORC 3101.08 includes a licensed minister of a religious society, the governor or a former governor, county and municipal court judges, probate judges, and a mayor of an Ohio municipal corporation. A religious society can also join members in marriage under its own rules. Ministers get their license through the secretary of state (ORC 3101.10).

Is gay marriage legal in Ohio?

Yes. Same-sex couples can marry in Ohio, and the state must recognize their marriages. The case that decided it, Obergefell v. Hodges, 576 U.S. 644, came partly from Ohio and was decided on June 26, 2015. County probate courts issue licenses to same-sex couples on the same terms as anyone else.

Old Ohio wording is still in print. ORC 3101.01 says a marriage may be entered into by one man and one woman, and the Ohio Constitution had a 2004 amendment saying the same. A federal ruling overrides both. Congress also passed the Respect for Marriage Act, signed on December 13, 2022, which requires states to recognize valid marriages performed in other states.

When did gay marriage become legal in Ohio?

Same-sex marriage became legal in Ohio on June 26, 2015, the day of the Obergefell decision.

Is incest legal in Ohio?

Marriage between close relatives is not allowed. ORC 3101.01 says people cannot marry if they are nearer of kin than second cousins, which rules out parents, siblings, aunts, uncles, nieces, nephews and first cousins.

Ohio’s criminal code has no stand-alone offense named incest. Other crimes still apply. Sexual conduct with a person whose natural or adoptive parent, stepparent, guardian or custodian you are is sexual battery, a third-degree felony that rises to a second-degree felony when the victim is 13 to 17 (ORC 2907.03). Sex with a minor can also bring charges under ORC 2907.04.

Is polygamy or bigamy legal in Ohio?

No. A married person may not marry someone else or keep living with that person as a spouse in Ohio. Bigamy is a misdemeanor of the first degree, which carries up to 180 days in jail and a fine of up to $1,000 (ORC 2919.01, ORC 2929.24, ORC 2929.28). It is a defense if your spouse was continuously absent for five years and you did not know your spouse was alive.

Is proxy marriage or an online ceremony allowed in Ohio?

Ohio has no proxy marriage rule, so no one can stand in for you at the license stage. The application requires each person to appear in person, with a narrow exception for an ill or disabled applicant. An online ceremony does not replace the license. The probate court must issue it first, and an authorized officiant must solemnize the marriage.

Can you marry an AI in Ohio?

No, and a pending bill would put that in writing. House Bill 469, introduced by Rep. Claggett on September 23, 2025, would declare AI systems nonsentient, deny them legal personhood and make any attempt to grant them marriage or domestic status void.

Ohio marriage laws timeline

Date	Event
October 10, 1991	Ohio stops allowing new common law marriages (ORC 3105.12).
2004	Ohio voters approve a constitutional ban on same-sex marriage, later overridden by federal law.
June 26, 2015	Obergefell v. Hodges makes same-sex marriage legal in all states, including Ohio.
April 8, 2019	House Bill 511 sets Ohio’s current minimum marriage age rules.
December 13, 2022	Respect for Marriage Act signed into federal law.
September 23, 2025	House Bill 469 introduced to bar AI marriage and personhood.
June 2026	Senate Bill 341, which would raise the minimum age to 18, clears a Senate committee but has no full Senate vote.

Myths and facts

Myth	Fact
“Ohio lets 16 year olds marry with a parent’s signature.”	The lowest age is 17, and only with juvenile court consent and counseling.
“Ohio has a waiting period after you get a license.”	The license statute sets none.
“A friend can sign for me if I cannot attend.”	Ohio has no proxy marriage. Each applicant appears in person.
“First cousins can marry in Ohio.”	No. The limit is nearer than second cousins.
“Ohio still bans same-sex marriage.”	The old wording remains in print, but it cannot be enforced after Obergefell.

Real Ohio scenarios

• A Columbus couple, ages 19 and 22. Both apply together at the Franklin County Probate Court. Both are over 18, so no consent is needed, and any authorized officiant can perform the ceremony.
• A 17 year old in Cleveland and a 24 year old partner. The age gap is seven years, which is more than four, so the 17 year old cannot marry even with court consent.
• Two cousins in Cincinnati. First cousins are nearer than second cousins, so the probate court cannot issue a license.
• A husband who remarries before his divorce is final. The second marriage can be charged as bigamy, and a court can treat it as invalid.

Columbus, Cleveland and Cincinnati

Marriage rules are state law, so they are the same in Columbus, Cleveland, Cincinnati and every other city. Only the office changes. You apply at the probate court of the county where either of you lives, such as Franklin, Cuyahoga or Hamilton County.

Frequently asked questions

What is the legal age to marry in Ohio?

The age is 18. A 17 year old can marry only if the juvenile court consents, and if just one person is 17 the other cannot be more than four years older. Nobody under 17 can marry. A bill would remove the 17 year old exception (ORC 3101.01, ORC 3101.02).

Is gay marriage legal in Ohio?

Yes. Same-sex marriage became legal in Ohio on June 26, 2015, after Obergefell v. Hodges. Probate courts issue licenses to same-sex couples, and Ohio must recognize valid marriages from other states. Some old wording in state law cannot be enforced.

Is incest illegal in Ohio?

Marriage to a close relative is not allowed. Ohio bars marriage closer than second cousins (ORC 3101.01). The criminal code has no offense named incest, but sexual battery and unlawful sexual conduct with a minor can apply when a parent, guardian or other protected relationship is involved.

Is proxy marriage allowed in Ohio?

No. Ohio has no proxy marriage rule. Each applicant must appear in person at the probate court, and an authorized officiant must perform the ceremony after the license is issued. Only an ill or disabled applicant can use an affidavit, and the other person still applies in person.

Is there a waiting period for a marriage license in Ohio?

The license statute sets no waiting period. A probate judge may grant a license at any time after the application is made if no legal barrier exists (ORC 3101.05). Courts set their own hours and fees, so check with your county probate court first.

Is it illegal to be married to two people in Ohio?

Yes. Bigamy is a first-degree misdemeanor in Ohio, punishable by up to 180 days in jail and a $1,000 fine. The law also covers a married person who keeps living with a new partner as a spouse. A five-year continuous absence of your spouse can be a defense.

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