FMLA and Common Law Marrige in Ohio?

Question

I recently moved to Ohio from Utah in which I was considered common law married. The reason for the move was my job. Well my (common law) wife recently came down with an illness and I had to take time off of work to talk care of her and the two children. During this time I have turned in a form called FLMA. I was denied because we are not considered married in the state of OHIO. Last year I filed my tax returns with her as married and assumed to be married in Utah. I found a website which said there is a law saying that they recognize out of state marriages but did not go into detail about it. My work has told me that in order to get the FLMA I must show proof that Ohio does recognize out of state marriages and wanted to know if anyone could point me in the right direction.

Thanks,
Brian Workman

Answer 1

Submit a copy of your federal tax return (the one where you filed as married). This is a legal document with both your signatures on it. It is illegal to lie on your taxes. Also find out what the Ohio rules for common law marriage are, some states are very strict and some states aren't.

Contact an attorney who specializes in workplace disputes, they can probably find you the right resources also.

Also check out Ohio Law Chapter 3105.12 it defines the Evidence of Marriage (in the divorce section). It has specific rules that you must meet in order for the common law marriage of another state to be recognized in their (Ohio) court system.

Answer 2

Why don't you marry the girl and stop being a rebel. Wanting all the perks with out signing on the dotted line just isn't right. Here is a similar question:


Question:
I am moving to Ohio this spring from Connecticut. I will be moving with mygirlfriend whom I have been living with for about 9 months. Question: Whenwould it become a common-law marriage?

Answer:
I don't know connecticut law, but I'm guessing after 9 months it might be hard to establish. In Ohio common-law marriages were prohibited in Ohio by statutory amendment after October 10, 1991, R.C. 3105.12(B)(1), common-law marriages that occurred prior to that date would continue to be recognized. R.C. 3105.13(B)(2). See Lyon v. Lyon (1993), 86 Ohio App.3d 580, 621 N.E.2d 718. Common-law marriages that occurred prior to October 10, 1991 remain valid unless terminated by death, divorce, dissolution of marriage, or annulment. Id.

The Ohio Supreme Court set forth the factors in State v. DePew (1988), 38 Ohio St.3d 275, 279, 528 N.E.2d 542, 549 required for recognition of a common-law marriage: "(1) an agreement of marriage in praesenti; (2) cohabitation as husband and wife; and (3) a holding out by the parties to those with whom they normally come into contact, resulting in a reputation as a married couple in the community."

I suggest just getting married the old fashioned way to remove any doubt about the date of marriage.

Answer 3

well I lived in Ohio for several years just left there a little over a year ago and to my understanding Ohio stop recognizing common law marriage. had some friends that were in the common law thing and ended up going and getting married due to the state no longer honoring the common law marriage

Answer 4

each place of place of residing is diverse. I stay in Ohio and it was once in case you lived mutually for 6 months you're user-friendly regulation. The rules replaced. the final difficulty to do is in basic terms get married in church.