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A friend of mine recently told me an interesting detail about her mariage ceremony. She got her mariage licence in Ohio but they had the ceremony just across the border in another state. Neither of them was a resident in Ohio at that time. As far as I understand, non residents need to marry in the county where they received their mariage licence. Using a mariage certificate in another state doesn't seem to be possible in most states.

  • Does this make the mariage void or voidable?
  • Is it legal now that they've lived together for 8 years?
  • Is there any criminal liability in supplying this faulty information to the state?
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    Maybe their officiant was an Ohio resident?
    – mkennedy
    Commented May 23, 2023 at 1:19
  • @mkennedy I think the officiant was a resident of Ohio. One of the mariage partners was originally from Ohio and that's why they married there.
    – Kasper
    Commented May 23, 2023 at 19:42

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The specific venue requirement is ORC 3101.05 which says that

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.

To possibly make things worse,

An applicant for a marriage license who knowingly makes a false statement in an application or affidavit prescribed by this section is guilty of falsification under section 2921.13 of the Revised Code.

If they lied on the application regarding the venue, that's a large problem. Otherwise, violating 3101.05 is a minor misdemeanor, which could be a fine up to $150. There is no provision that would invalidate the marriage, other than specified prohibited marriages (not nearer of kin than second cousin, already married).

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    Not obvious to me that they are married. Ohio requires that the marriage license be issued and that the officiant be licensed to do so. If the officiant were licensed in Ohio but not the other state, and in any case, if there wasn't a license to marry in the other state, they are probably not married, although if a marriage certificate issued anyway, that might be conclusive evidence of marriage that it is too late to vacate. In the alternative, if they spent time as a couple holding themselves out as such in a common law marriage state that might cure the defect.
    – ohwilleke
    Commented May 23, 2023 at 2:01
  • @user6726 Thank you! I believe the entire wedding was a fairly quickly planned affair so perhaps they didn't lie about the venue but simple decided to hold it somewhere convenient without thinking too much about it. It's good to know that that could cause them trouble though, I'll let them know!
    – Kasper
    Commented May 23, 2023 at 19:56
  • @ohwilleke Thank you, that's an interesting point you make about the mariage certificate. There was an mariage certificate issued so I guess that means they're married now :D.
    – Kasper
    Commented May 23, 2023 at 20:00

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