MARRIAGE, DIVORCE & CHILDREN

When can a person marry without parents’ consent?

At age 18 you can marry without consent of your parents.

What is the youngest age at which a person can marry with parents’ consent?

16 is the youngest age at which a female may marry with parents’ consent. 18 is the youngest age for males.

Is marriage a contract?

Yes, it is a contract between the man and woman. State law creates the relationship and describes the consequences of divorce.

How does one get a marriage license?

You file an application (and fee) for a marriage license in probate court. In Hamilton County, the license will be issued when you file the application. There is no “waiting period.” Once issued, the license is good for 60 days.

What is required for a valid marriage?

• a valid marriage license;
• an authorized official (generally a clergyman, judge, or other person authorized to perform marriages under the law);
• mutual declarations by the people being married as husband and wife.

In a marriage, who has to provide support?

Both husband and wife have an obligation to provide for the support of the other and of all minor children. Either spouse may be held liable for necessities furnished to the other or to minor children.

What happens in a divorce?

A judge will consider child custody, child support, financial maintenance of either spouse, and property division. As a general rule, all assets acquired during the marriage are divided equally.

What are the grounds for divorce?

There are 11 grounds for divorce in Ohio. The most common grounds are extreme cruelty or gross neglect. Another ground is that the spouses have not lived together for a year. If spouses want to avoid divorce proceedings, they might be able to get a “dissolution” of their marriage. A dissolution is obtained by mutual agreement of the spouses.

Can a father be required to support a child of his if he is not married?

Yes. An order can be obtained that will automatically deduct the amount from the father’s paycheck.

What if a man denies that he is a child’s father?

A paternity action in court can be started by the child, the child’s mother, or a child support agency. Various ways exist to prove fatherhood. Blood tests, for instance, are very accurate ways of determining who is the father of a child.

May a parent’s rights be terminated?

Yes. A court may terminate parental rights for reasons that include: abandonment, a chronic parental disability, abuse, or a failure to assume parental responsibility.

Does an abused spouse have to start a divorce action to get assistance from the courts?

No, if you are abused, you can get a restraining order from the court if either you or your children are in immediate physical danger. The court restrains your spouse from coming onto your premises or from contacting you. Informal help is also available. Check your Yellow Pages under “Social Services Organizations” for battered wives or spouse-abuse groups, or call Women Helping Women.

What kind of protection can an abused spouse receive from a court while a divorce action is pending?

The court can order the parties not to interfere with each other’s personal liberty or freedom. For instance, the court might order one spouse to leave the home for a short time. Anyone disobeying such an order can be fined, jailed, or both.

Can an abused spouse have a criminal complaint pursued against the offending spouse?

Yes. If you are physically abused, immediately call the police or prosecuting attorney’s office. Get hospital treatment and keep records of injuries, witnesses, police officers, and medical attendants. Get copies of medical reports. A temporary protection order may be requested to keep your spouse away from your home and place of employment.

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