Ohio § 3101.05
Full text of Ohio Ohio Revised Code § 3101.05, with citation guidance and answers to common questions.
§ 3101.05.
(A) 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 the age of seventeen years, the judge shall require the applicants
to state that they received marriage counseling satisfactory to the court. Except as otherwise provided in this division, the application also shall include
each party's social security number. In lieu of requiring each party's social security number on the application, the
court may obtain each party's social security number, retain the social security numbers
in a separate record, and allow a number other than the social security number to
be used on the application for reference purposes. If a court allows the use of a number other than the social security number to be
used on the application for reference purposes, the record containing the social security
number is not a public record, except that, in any of the circumstances set forth
in divisions (C)(1) to (5) of section 3101.051 of the Revised Code, the record containing
the social security number shall be made available for inspection under section 149.43 of the Revised Code . Immediately upon receipt of an application for a marriage license, the court shall
place the parties' record in a book kept for that purpose. If the probate judge is satisfied that there is no legal impediment and if one or
both of the parties are present, the probate judge shall grant the marriage license. If the judge is satisfied from the affidavit of a reputable physician, clinical nurse
specialist, or certified nurse practitioner in active practice and residing in the
county where the probate court is located, that one of the parties is unable to appear
in court, by reason of illness or other physical disability, a marriage license may
be granted upon application and oath of the other party to the contemplated marriage;
but in that case the person who is unable to appear in court, at the time of making
application for a marriage license, shall make and file in that court, an affidavit
setting forth the information required of applicants for a marriage license. A probate judge may grant a marriage license under this section at any time after
the application is made. A marriage license issued shall not display the social security number of either party
to the marriage. Each person seeking a marriage license shall present documentary proof of age in the
form of any one of the following: (1) A copy of a birth record; (2) A birth certificate issued by the department of health, a local registrar of vital
statistics, or other public office charged with similar duties by the laws of another
state, territory, or country; (3) A baptismal record showing the person's date of birth; (4) A passport; (5) A license or permit to operate a motor vehicle as defined under section 4501.01 of the Revised Code ; (6) Any government- or school-issued identification card showing the person's date of
birth; (7) An immigration record showing the person's date of birth; (8) A naturalization record showing the person's date of birth; (9) A court record or any other document or record issued by a governmental entity showing
the person's date of birth. (B) 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 . (C) No licensing officer shall issue a marriage license if the officer has not received
the application, affidavit, or other statements prescribed by this section or if the
officer has reason to believe that any of the statements in a marriage license application
or in an affidavit prescribed by this section are false. (D) Any fine collected for violation of this section shall be paid to the use of the
county together with the costs of prosecution.
Frequently Asked Questions About Ohio § 3101.05
What does Ohio Revised Code § 3101.05 cover?
Section 3101.05 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 3101.05?
A common citation format is "Ohio Revised Code § 3101.05" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 3101.05 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.