Legal Question in Family Law in Ohio

My Father and Stepmother obtained a recorded marriage license in Kentucky. They lived in Ohio for many years as husband and wife. They separated and he moved to Kentucky. He past away before filing for divorce. I have found that she was legally married to someone else at the time she filed the license in Kentucky. Ohio recognizes common law marriage prior to October 1991 and she is using this as her established right to his estate. Kentucky law clearly considers the marriage void. Does Ohio law condone bigamy and will continue to recognize the marriage? Which state has the final determination?


Asked on 4/03/14, 3:40 am

1 Answer from Attorneys

James Slater Slater & Zurz LLP

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Answered on 4/03/14, 6:13 am


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