Common Law Partnerships: Lessons from Ohio and the Matriarchal Wisdom of Waitaha
Strength, respect, heritage, and teaching are woven into the fabric of the Waitaha Nation’s traditions. Although these concepts stem from tribal history, the core focus on these beliefs provides the ideal foundation to explore how to honor and uphold relationships in a modern historical context. Specifically, when it comes to the modern imposition of marriage laws on unbonded relationships, how do you apply history to make informed decisions about partnerships today? In the article, Common Law Marriage in Ohio: Myths and Realities of Duration, the author discusses the requirement in Ohio for individuals claiming common law marriage in ohio how many years to prove duration of the relationship to confirm the validity of a marriage before 1991. In their words, “Unless you have a pocket full of authenticating witnesses to verify when the cohabitation occurred, and can pinpoint when the promise or exchange of marriage occurred, most people clearly do not know ‘how many years’ constitute ‘common law marriage in ohio how many years’ necessary to be considered married.” The author suggests that the topic of common law marriage in Ohio is “perhaps the most misunderstood” area of family law. This assertion does not account for the clear differences among individuals in their interpretations of how to honor and maintain partnerships over time. This is where the core beliefs of strength, respect, heritage, and teaching have their place.
Looking at the Waitaha Nation, they are one of the first tribes of M?ori, and recognize that the strength of a relationship comes from teaching. Furthermore, they understand that individuals build on the past through their current experiences, but ultimately honor their ancestors as the foundation on which their life is built. It is this guiding principle that allows them to prioritize their personal bond with the land as the most important stewardship their ancestors bestowed upon them. Although they are unable to legally protect this bond under modern law, they document their origins in oral tradition through stories of their triumphs and regard these accounts as sacred. It is therefore a priority for them to preserve the timeless concept of their land as mother, and their people as children of that mother.
This same adaptability of the Waitaha Nation can be seen in the context of cohabitation in Ohio. Like the Waitaha, many Ohio residents have learned that a comparatively short amount of time can be considered a long-term relationship. It is therefore possible that Ohio seems more permissive than other states when faced with the idea of progression of relationships as individual bonds-not necessarily defined by the laws, but rather by the framework within which an understanding is shared, and acceptable behavior is established. After all, common law marriage in Ohio does not face the same level of restriction as it does in other states, where ceding control of the bond to a legal system that weighs quantitative data over qualitative relationships is not the norm. Ohio just happens to have a more direct path to common law marriage.
Nevertheless, the Waitaha Nation, and tribes across the globe, will continue to fight to preserve their relationship with the land and resist the laws that limit this ability to the point where their heritage is external to their internal identity. By learning from their understanding of ancestry as the governing force in their lives, unions of blood or choice may be historically freed from pointing to their wallets to define how long they have been ‘together.’ Rather, they may adapt to find better ways to convey the strength and support they find in a qualitative bond with party persons they identify as their partners. Although the Waitaha principal of kinship permits a classification of kin from the past to dictate who is entitled to inherit their mother’s land, without a modern law to guide them, they have chosen to honor their mother in the collective as a body.
Of course, there will be some who differ in their interpretation of their relationship with the land-but an innate respect for the land and one another ensures that whatever direction their relationship takes them, they will learn and adapt to ensure that respect ultimately produces strength. Consider entering the marriage contract to define your relationship with your partner, but never forget that your bond is defined by the strength you develop together no matter what the law says.
For more information on marriage laws, you can visit Nolo’s overview of common law marriage.
