Anaya Nolan
Common-law marriage, which allows a couple to be considered married without a wedding or civil/religious ceremony, is only recognized in a handful of US states. Missouri is not one of them. The state does, however, recognize common-law marriages that have been established in other states. Couples who have established a common-law marriage elsewhere and then move to Missouri will be considered married. Missouri requires anyone wanting to get married to obtain a marriage license from their local county courthouse and have their marriage solemnized by an authorized person, such as a judge or religious official.
| Characteristics | Values |
|---|---|
| Common-law marriage recognition | Missouri does not recognize common-law marriages. However, if a couple has a common-law marriage recognized by another state, Missouri will recognize it as a valid marriage. |
| Marriage license requirement | Missouri requires anyone wanting to get married to obtain a marriage license from the local county courthouse. |
| Marriage solemnization | The marriage must be solemnized by a person authorized by law to do so, such as a judge or a clergyman in good standing with a church or synagogue in Missouri. |
| Palimony cases | Missouri does not allow "palimony" cases, which refer to lawsuits seeking financial support after the end of a non-marital relationship. |
| Cohabitation rights | Missouri state law does not identify any specific legal rights for cohabiting couples. The rights available in marriages in Missouri, such as spousal rights of survivorship, are not available to cohabiting couples. |
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What You'll Learn
Missouri does not recognise common-law marriages
Missouri does not recognize common-law marriages. Common law marriage allows a couple to be considered formally married without having had a wedding or obtained a marriage license. While some U.S. states recognize common-law marriages, Missouri is not one of them. The state specifically declares all common-law marriages to be "null and void".
Missouri has strict requirements for marriage. To be legally married in Missouri, couples must obtain a marriage license from their local county courthouse and have their marriage solemnized by a person authorized by law to solemnize marriages. This person could be a judge or a member of the clergy.
If a couple has a common-law marriage that is recognized by another state and then moves to Missouri, their marriage will be recognized as valid in Missouri. However, if a couple did not meet the terms of common-law marriage until moving to Missouri from another state that does not recognize common-law marriage, they would generally not be considered married.
Cohabiting couples in Missouri do not have the same legal rights as married couples. For example, cohabiting couples cannot establish spousal rights of survivorship in retirement or other financial accounts. It is possible for a person to recover compensation after the end of a cohabiting relationship in Missouri based on their financial contributions to the relationship or the value of their labor. However, these cases are rare and difficult to pursue in court.
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Marriage licenses are required in Missouri
In the state of Missouri, marriage licenses are required and issued by the Recorder of Deeds in each county. The license is valid for 30 days from the date of issuance and may be used anywhere within the state. It is valid only in Missouri and cannot be used in any other state.
To obtain a marriage license, both parties must appear in person before the recorder of deeds or a deputy recorder and present valid identification containing a date of birth, along with a Social Security card. Applicants must be 18 years of age or older to marry without parental consent. Persons aged between 16 and 17 may obtain a license with the consent of a parent or legal guardian, who must be named on the birth certificate and present proper identification and proof of custody. A certified copy of a birth certificate or government identification card is required for proof of age.
The marriage license must be delivered to the person who solemnizes the marriage, usually a judge or a person authorized to perform marriages in a religious tradition. The person performing the ceremony must complete the license, have it signed by two witnesses, and return it to the Recorder's office within 15 days after the wedding. The license becomes a permanent record, and the right portion is retained by the married couple as evidence of their marriage.
A certified copy of the marriage license is also required by Social Security if one wishes to change their name after marriage. This can be obtained at the time of application for the marriage license by prepaying a fee, or after the marriage by visiting the office or mailing a request.
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Cohabiting couples have no specific legal rights
Missouri does not recognize common-law marriages. This means that cohabiting couples have no specific legal rights in the state. "Cohabitation" refers to two people in a relationship living together without being married. Missouri state law does not recognize any specific legal rights for cohabiting couples, and the rights available to married couples are not available to those who are cohabiting. For example, the right to establish spousal rights of survivorship in retirement or other financial accounts is only available to married couples.
Missouri specifically declares all common-law marriages to be "null and void". Common-law marriage allows couples to be considered formally married without having had a wedding or obtaining a marriage license. While some states recognize common-law marriages, Missouri is not one of them.
It is important to note that if a couple has established a common-law marriage in a state that recognizes it and then moves to Missouri, they would be considered legally married in Missouri. This is because the Full Faith and Credit Clause of the U.S. Constitution states that a marriage recognized in one state should be considered valid in another state. However, if a couple did not meet the requirements for a common-law marriage before moving to Missouri, they would generally not be considered married.
Additionally, Missouri does not allow "palimony" cases, which refer to lawsuits seeking financial support after the end of a non-marital relationship. However, it may be possible for an individual to recover compensation after a cohabiting relationship ends based on their financial contributions or the value of their labor. For example, they may be able to seek reimbursement for contributions to property owned by the other person or compensation for unpaid work performed for the other person's benefit. Nevertheless, such cases are rare and challenging to pursue in court. Therefore, it is recommended that cohabiting couples consider entering into a cohabitation agreement beforehand to outline their intentions and protect their rights.
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Common-law marriages in other states are recognised in Missouri
Missouri does not recognise common-law marriages. The state requires anyone wanting to get married to obtain a marriage license, which must be solemnised by an authorised person, such as a judge or religious official. However, Missouri does recognise common-law marriages that have been established in other states. This is because the Full Faith and Credit Clause of the U.S. Constitution states that a marriage recognised in one state should be considered valid in another.
For example, if a couple established a common-law marriage in Kansas and then moved to Missouri, they would be considered married in Missouri. This is because they fulfilled the requirements for a common-law marriage in Kansas before relocating. It is important to note that simply living together for an extended period does not constitute a common-law marriage; couples must also meet certain conditions, such as agreeing to be married and presenting themselves publicly as a married couple.
If a couple enters into a common-law marriage in a state that recognises it and then moves to Missouri, they will be considered legally married in Missouri. They would also have to go through the same divorce process as any other married couple in the state. This includes being a resident of Missouri for at least 90 days before filing for divorce and stating the grounds for divorce.
While Missouri does not recognise common-law marriages originating within its borders, it does acknowledge those formed in other states. This recognition is based on the principle of marital validity across state lines, as outlined in the Full Faith and Credit Clause. As a result, couples who have established common-law marriages in other states will have their unions legally recognised if they choose to reside in Missouri.
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Missouri does not recognise palimony cases
Missouri does not recognize common-law marriages established within the state. However, if a couple has a common-law marriage that was established in another state, Missouri will recognize that marriage as valid. This is known as "comity," where a state recognizes the laws and judicial decisions of another state.
Now, when it comes to palimony, which is often associated with common-law marriages, Missouri's approach is slightly different. Palimony refers to financial support or property division similar to alimony, but for unmarried couples who have lived together in a long-term, marriage-like relationship. Missouri does not have any specific laws addressing palimony.
The Missouri Court of Appeals has explicitly stated that palimony concepts are not recognized in Missouri. In the case of In re Marriage of Murphy, the court affirmed that "Missouri does not recognize palimony and will not grant property rights to unmarried cohabitants based upon implied contract." This means that even if unmarried partners have lived together for an extended period and their relationship resembles a marriage, the courts will not treat them as having the same rights and protections as married spouses.
Without legal recognition of palimony, unmarried couples in Missouri do not have the same legal recourse as divorcing spouses when it comes to issues like property division or financial support after their relationship ends. This also means that claims for palimony or requests for the court to divide property between unmarried cohabitants will not be successful in Missouri.
It's important to note that this stance on palimony does not mean that unmarried couples in Missouri have no legal protections or options when it comes to their shared assets or financial arrangements. Unmarried couples can still enter into contracts or create legally binding agreements regarding their property and finances. These agreements can provide some level of protection and clarity, but they are distinct from the legal rights and obligations that come with marriage or the recognition of common-law marriages in other states.
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Frequently asked questions
No, Missouri does not recognize common-law marriages. Common-law marriages are only valid in a handful of states. Missouri specifically declares all common-law marriages to be "null and void".
Yes, Missouri will recognize a common-law marriage as valid if it was recognized by another state. However, if a couple did not meet the terms of common-law marriage until moving to Missouri from another state, they would generally not be considered married.
In Missouri, couples must obtain a marriage license from their local county courthouse and have their marriage "solemnized by a person authorized by law to solemnize marriages". This person can be a judge or a member of the clergy.
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