Kara Sears
Missouri does not recognize common-law marriages formed within the state after January 1, 1921. However, if a couple establishes a common-law marriage in a state that recognizes it and then moves to Missouri, their marriage will be considered valid in Missouri. To establish a common-law marriage in a state that recognizes it, a couple must typically agree to enter into a common-law marriage, live together for a minimum period of time, and hold themselves out to the public as a married couple. Missouri requires anyone wishing to marry to obtain a marriage license and have their marriage solemnized by an authorized official, and does not grant cohabiting couples the same legal rights as married couples.
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What You'll Learn
Missouri does not recognise common-law marriages
Missouri does not recognize common-law marriages formed within the state after January 1, 1921. Common-law marriages are typically formed when a couple agrees to enter into a common-law marriage, lives together for a minimum period of time, and holds themselves out to the public as a married couple. However, Missouri state law specifically declares all common-law marriages to be "null and void."
Instead, Missouri requires couples who want to get married to obtain a marriage license from the local county courthouse and have their marriage solemnized by an authorized person, such as a judge or a clergyman. This means that simply living together and presenting themselves as a married couple to the public is not enough for a common-law marriage to be recognized in Missouri.
It is important to note that Missouri will recognize a common-law marriage that was validly established in another state, such as neighboring Kansas or Iowa, even if the couple moves to Missouri afterward. In such cases, the couple would be considered married in Missouri, and their rights would be similar to those of legally married spouses, including property division and potential spousal support entitlements.
However, Missouri also does not allow "palimony" cases, which refer to lawsuits seeking financial support after the end of a non-marital relationship. While rare, it may be possible for a person to recover compensation after a cohabiting relationship based on their financial contributions or the value of their labor.
In summary, while some states in the US recognize common-law marriages, Missouri is not one of them. Couples who wish to be considered legally married in Missouri must follow the state's marriage license and solemnization requirements.
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Common-law marriages formed in other states may be recognised
Missouri does not recognize common-law marriages formed within the state. State law in Missouri specifically declares all common-law marriages to be "null and void". However, Missouri does recognize common-law marriages that were formed in other states. For example, if a couple established a common-law marriage in Kansas, where it is permitted, and then moved to Missouri, their marriage would be considered valid in Missouri.
To establish a common-law marriage in a state that permits it, certain requirements must typically be met. Both partners must agree that they want to enter into a common-law marriage, live together for a minimum period of time, and present themselves as a married couple to the public. However, it is important to note that the requirements may vary slightly between states.
In the context of a common-law marriage, the rights of a spouse are generally similar to those of a legally married spouse. These rights could include property division and potential spousal support or alimony entitlements.
It is worth mentioning that, while Missouri does recognize common-law marriages from other states, it does not allow "palimony" cases. "Palimony" refers to lawsuits seeking financial support after the end of a non-marital relationship, similar to spousal maintenance. However, it is still possible for a person to seek compensation based on their financial contributions or the value of their labor during the relationship.
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Missouri does not recognise palimony cases
Missouri does not recognize common-law marriages. State law specifically declares all common-law marriages to be "null and void". Missouri requires anyone who wants to get married to obtain a marriage license. They must then have their marriage ""solemnized by a person authorized by law to solemnize marriages".
Missouri also does not allow "palimony" cases. Palimony refers to lawsuits to obtain financial support, similar to spousal maintenance, after the end of a non-marital relationship. In states that recognize palimony, there is a variation in the factors that are taken into consideration by the court and the weight that these factors are given. For example, disparity in income.
In Missouri, an ex-partner may have other ways to get money or property from an ex-lover. For example, if one partner does unpaid work for the other, either in a business or around the house, that partner may be able to recover the money they would have earned from the work. If one partner contributes significantly to the value of property in the other partner's name, the court may impose a constructive trust on the property so both partners can enjoy its benefits. However, cases like this are rare and difficult to pursue in court. An agreement reached ahead of time is much easier to manage and enforce. A cohabitation agreement is a contract between both people in a cohabiting couple, based on their intention to live together without getting married. Cohabitation agreements are useful for defining the expectations and obligations of those in the relationship and providing protection in jurisdictions.
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Cohabiting couples have no specific legal rights
Common-law marriages are recognised in neighbouring states such as Kansas and Iowa. However, if a couple established a common-law marriage in a state that recognises it, their marriage would be considered valid in Missouri. For example, if a couple established a common-law marriage in Kansas and then moved to Missouri, they would be considered married in Missouri.
In Missouri, rights that are available in marriages are not available to cohabiting couples. These rights include spousal rights of survivorship in retirement or other financial accounts. While it is possible for a person to recover compensation after the end of a cohabiting relationship in Missouri, cases like this are rare and difficult to pursue in court. An agreement reached ahead of time, such as a cohabitation agreement, is much easier to manage and enforce.
Cohabiting couples in Missouri do not have the same rights as married couples in the event of a breakup. There is no concept of "common-law divorce", and couples who were in a common-law marriage would need to go through the same legal separation or divorce process as any other married couple.
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Common-law marriage requirements
Missouri does not recognize common-law marriages. The state specifically declares all common-law marriages to be "null and void".
However, in states that do recognize common-law marriages, there are certain requirements that must be met for a couple to be considered common-law married. Here are the common requirements:
Living Together
Cohabitation, or living together, is typically one of the requirements for a common-law marriage. While there is no statutory requirement for the length of time a couple needs to live together, generally, the longer they live together, the stronger their case is for a common-law marriage.
Legal Right or "Capacity" to Marry
Both partners must have the legal right to marry. This usually means they must be at least 18 years old, of sound mind, and not already married to other people.
Intent
Both partners must intend to be married and hold themselves out to friends, family, and the public as a married couple. They must behave as a married couple and present themselves as such.
Same-Sex Couples
Same-sex couples can also enter into a common-law marriage in states that recognize common-law marriages. Since the United States Supreme Court's 2015 decision in Obergefell v. Hodges, same-sex marriage has been legal in every state, and common-law marriages for same-sex couples are recognized in those states that allow common-law marriages.
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Frequently asked questions
No, Missouri does not recognize common-law marriages.
Common-law marriage is when a couple is considered formally married without having had a wedding or being formally married under civil or religious ceremony.
Yes, if a common-law marriage is valid in another state, Missouri will recognize it as a valid marriage.
The requirements for a common-law marriage typically include: both partners must intend to be married, the couple must live together continuously, and they must represent themselves as married to others.
The rights of a common-law spouse in Missouri are generally similar to those of a legally married spouse, including property division and potential spousal support entitlements.
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