Butler County Court House

Frequently Asked Questions:
Marriage

Is there anyone available to to perform our marriage ceremony?

EFFECTIVE SEPTEMBER 1, 2012, THE FOLLOWING ARE AVAILABLE TO PERFORM WEDDING CEREMONIES BY APPOINTMENT. PLEASE CONTACT THE CHAPLAIN OR ONE OF THE COURTS LISTED BELOW TO MAKE AN APPOINTMENT:


Rob Lyons, Judge
Area I Court
118 West High Street
Oxford, OH 45056
513.785.7641
Thursday 12:00 P.M. (Limited to two weddings per week)

Dan Haughey, Judge
Area III Court
9577 Beckett Road
West Chester, OH 45069
513.785.7615
Friday 3:00 P.M. Will no longer perform weddings after December 18, 2012
 
Mark Wall, Judge
Middletown Municipal Court
1 City Centre Plaza
Middletown, OH 45012
513.425.7822 (Lisa)
Tuesday 1:30 P.M.
$40.00 Cash

Pastor 
Barry Wilson
Cell - 513.315-1187
Flexible Schedule and Fee

How does a person obtain a marriage license?

           The parties to a marriage shall make an application for a marriage license. Each of the persons seeking a marriage license shall personally appear in the probate court within the county where either resides, or, if neither is a resident of this state, where the marriage is expected to be solemnized. If neither party is a resident of this state, the marriage may be solemnized only in the county where the license is obtained.

            Each party shall make application and shall state upon oath, the party's name, age, residence, place of birth, occupation, father's name, and mother's maiden name, if known, and the name of the person who is expected to solemnize the marriage.

            If either party has been previously married, the application shall include the names of the parties to any previous marriage and of any minor children, and if divorced the jurisdiction, date, and case number of the decree.

            If either applicant is under the age of eighteen years, the judge shall require the applicants to state that they received marriage counseling satisfactory to the court.  R. C. 3101.05.

At the time the persons personally appear in the Butler County Probate Court seeking their marriage license it is requested that they bring with them:

·        A valid government issued photo I. D. (e.g. a driver's license, state I.D., passport, etc.),

·        If either party has been previously married, documentation which includes the names of the parties to any previous marriage and of any minor children, and if divorced the jurisdiction, date, and case number of the decree (e.g. a copy of their final decree(s) of divorce)

·        For applicants under the age of eighteen years, a certified copy of their birth certificate (See also FAQ "What is required for a minor to obtain a marriage license?"

·        Forty Dollars ($40.00 ) in cash for payment of the Marriage License Application Fee

How long is a marriage license valid?

            No marriage license shall be effective nor shall it authorize the performance of a marriage ceremony after the expiration of sixty (60) days from the date of issuance.  R. C. 3101.07.

 

Before a marriage license is issued is there a waiting period or a blood test required?

            A probate judge may grant a marriage license at any time after the application for a marriage license is made.  In most cases there is no waiting period but in cases in which an issue of identification or other question may arise, a hearing may be required.
 
Ohio law no longer requires blood tests prior to the issuance of a marriage license.

What is required for a minor to obtain a marriage license?

 

  • Under Ohio law the age of majority is eighteen years and a person under that age is considered to be a minor. See R. C. 3109.01.

 

  • To obtain a marriage license, a minor shall first obtain the consent of the minor's  parents, surviving parent, parent who is designated the residential parent and legal custodian of the minor by a court of competent jurisdiction, guardian, or any of the following who has been awarded permanent custody of the minor by a court exercising juvenile jurisdiction;  (A) an adult person; (B) the  department of job and family services or any child welfare organization certified by the department; (C) a public children services agency.   R. C. 3101.01.

 

  • A minor shall not be required to obtain the consent of a parent who resides in a foreign country, has neglected or abandoned the minor for a period of one year or longer immediately preceding the minor's application for a marriage license, has been adjudged incompetent, is an inmate of a state mental or correctional institution, has been permanently deprived of parental rights and responsibilities for the care of the minor and the right to have the minor live with the parent and to be the legal custodian of the minor by a court exercising juvenile jurisdiction, or has been deprived of parental rights and responsibilities for the care of the minor and the right to have the minor live with the parent and to be the legal custodian of the minor by the appointment of a guardian of the person of the minor by the probate court or by another court of competent jurisdiction.  R. C. 3101.01.

 

  • If either applicant for a marriage license is under the age of eighteen years, the judge shall require the applicants to provide proof that they received marriage counseling satisfactory to the court. The minors must submit a document signed by the minister/counselor stating the minors received at minimum three (3) separate counseling sessions. The court has a form available for the minister/counselor to sign.

 

  • When a minor desires to contract matrimony and has no parent, guardian, or custodian whose consent to the marriage is required by law, the minor shall file an application under oath in the county where the female resides requesting that the judge of the juvenile court give consent and approbation in the probate court for such marriage. Juv. R. 42(A)

 

  • Where a female is pregnant or delivered of a child born out of wedlock and the parents of such child seek to marry even though one or both of them is under the minimum age prescribed by law for persons who may contract marriage, such persons shall file an application under oath in the county where the female resides requesting that the judge of the juvenile court give consent in the probate court to such marriage. Juv. R. 42(C).

 

Who is authorized to perform marriage ceremonies in Ohio?

            An ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages (perform wedding ceremonies), a judge of a county court in accordance with section 1907.18 of the Revised Code, a judge of a municipal court in accordance with section 1901.14 of the Revised Code, a probate judge in accordance with section 2101.27 of the Revised Code, 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 of its church, may join together as husband and wife any person who are not prohibited by law from being joined in marriage.

 

How do we know whether our minister is licensed in Ohio to perform ceremonies?

 

            A minister, upon producing to the secretary of state, credentials of his being a regularly ordained or licensed minister of any religious society or congregation, shall be entitled to receive from the secretary of state a license authorizing him to solemnize marriages in this state so long as he continues as a regular minister in such society or congregation.

A minister shall produce for inspection his license to solemnize marriages upon demand of any party to a marriage at which he officiates or proposes to officiate or upon demand of any probate judge.  

A person can also call the Ohio Secretary of State's office and ask if they have the minister's license on file. The phone number for the Secretary of State is (614) 466-2585.

 

How does a minister become licensed to solemnize marriages (perform marriage ceremonies) in the State of Ohio?
  • Obtain an application and a copy of the Ohio minister licensing laws by calling the Secretary of State at (614) 466-2585.
  • Complete the application:
    • Your name on the application must be identical to the name on your credentials.
    • The name of the congregation for whom you are a regular pastor or minister must be identical and appear on both your credentials and application. 
    • Complete your address and telephone number.
    • Date and sign the application.
  • Provide proper credentials (Whichever you provide must be from the religious society/congregation you are serving and representing when you perform a marriage.)  Provide ONE of the following:
    • Copy of your license, with original signatures of certification (and annual fellowship card, if required); or
    • Copy of your ordination, with original signatures of certification (and annual fellowship card, if required); or
    • A letter from the religious society to which you are affiliated stating that you are duly ordained or licensed as a minister in good standing, serving the congregation in a ministerial capacity.  An official of the religious society, with his/her title, must sign this letter.  (This can include trustees, elders, deacons, or directors).
  • Send a check or money order in the amount of ten dollars ($10.00) made payable to the "Ohio Secretary of State".

o        Mail to:
Secretary of State,

Elections Division
180 E. Broad St.,
15th Floor
Columbus, OH 43215

What is common law marriage?

            A common law marriage is a marriage of a man and a woman without the benefit of formal papers or procedures.  Under Ohio law, common law marriages are not recognized unless the common law marriage began prior to October 10, 1991. 

 

How do I obtain a marriage license if my fiancé is incarcerated?

 

  • An attorney is required for this process. The applicant must hire an attorney at his/her own expense.
  • At least one party must be a Butler County Resident.
  • The incarcerated person must be in a facility in Ohio.
  • It is the applicants responsibility to check with the facility where the inmate is incarcerated and verify that the facility permits its inmates to get married.
  • The applicant must submit a letter to the Court stating where the person is located, how long they will be incarcerated, why they wish to be married, and their attorneys contact information.
  • After the person (who is not incarcerated) submits his/her letter, that person will need to come to the marriage license office, complete the paperwork and pay the marriage license fees.
  • After the paperwork is completed and the license fee paid, your attorney will need to make an appointment with the Judge in order to be sworn in as a special deputy clerk for purposes of completing the requisite paperwork at the facility.
Where do I obtain a copy of my Marriage License?
Marriage License records for dates between 1803 through 2010 are located at:

Butler County Records Center
123 North Third Street
Hamilton, OH  45011
(513) 887-3437
www.butlercountyohio.org/records/

Marriage License records dated January 1, 2011 to present are located at:

Butler County Probate Court
Butler County Historical Courthouse
101 High Street, Second Floor
Hamilton, OH  45011
(513) 887-3300





How do I get a new driver license to show my new name since I have recently been married?

You will need to take your driver license, marriage certificate and current Social Security card into a Deputy Registrar office and purchase a new license with the name change. The new license can be issued only after the wedding has taken place. For more information you may viist the Ohio BMV website at www.BMV.Ohio.gov.

 

After I am married, how do I change the name on a Social Security card?

You will need to complete an Application for a new Social Security card, and then take or mail your completed application and a certified copy of your Marriage Abstract (which you may obtain from the Probate Court) to your local Social Security office. For more information you may visit:

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/315/~/change-a-name-on-a-social-security-card.

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