Kara Sears
Common-law marriage, where a couple is considered married without having formally registered their union through a marriage license or ceremony, is not recognized in Missouri. However, if a couple has established a common-law marriage in another state, Missouri will recognize it as valid. This means that if a couple meets the requirements for a common-law marriage in a state that recognizes it and then moves to Missouri, they would be considered married in Missouri. It's important to note that Missouri does not allow couples to establish a common-law marriage within the state itself, and cohabiting couples do not have the same rights as married couples.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages | Missouri does not recognize common-law marriages formed within the state. However, it may recognize common-law marriages formed in other states. |
| Requirements for common-law marriage | Requirements vary, but typically include living together for a minimum period, presenting as a married couple to the public, and agreeing to enter a common-law marriage. |
| Legal consequences | Common-law marriages may have significant legal consequences in Missouri, including property division, child support and custody, and spousal maintenance. |
| Divorce process | Couples in a common-law marriage recognized by Missouri would need to go through the same divorce process as any other married couple. |
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What You'll Learn
Missouri does not recognise common-law marriage
State law in Missouri specifically declares all common-law marriages to be “null and void”. However, if a couple established a common-law marriage in a state that recognizes such marriages, they would be considered legally married in Missouri. This is due to the Full Faith and Credit Clause of the U.S. Constitution, which states that a marriage recognized in one state would be considered valid in another.
If a couple has established a common-law marriage in another state and then moves to Missouri, they would be considered married in Missouri. However, if they did not meet the terms of common-law marriage before moving to Missouri, they would generally not be considered married in the new state. For example, if a couple lived together in Kansas for years but never presented themselves publicly as married, and then moved to Missouri and announced that they were married, this may not qualify as establishing a common-law marriage.
Missouri law does not recognize "palimony" cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship. However, 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. This could include reimbursement for contributions to property owned by the other person that increased its value.
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Common-law marriages from other states are recognised
Missouri does not recognise common-law marriages. State law in Missouri specifically declares all common-law marriages to be "null and void". However, if a couple established a common-law marriage in a state that does recognise such marriages, and then moved to Missouri, the couple could be considered married in Missouri. This is because the Constitution generally provides that a marriage recognised in one state would be considered valid in another state.
For example, if a couple lived together in Kansas for years but never presented themselves as married, and then moved to Missouri and told everyone they were married, this may not qualify as establishing a common-law marriage. This is because, in Kansas, common-law marriage requires couples to meet certain requirements, such as being 18 years or older and presenting themselves as husband and wife to the public.
If a couple was married under common law in another state and one or both spouses moved to Missouri, they would have to go through the same divorce process as any other married couple. This includes being a resident of Missouri for at least 90 days prior to filing for divorce (with some exceptions for U.S. military members stationed in Missouri).
Missouri requires anyone wanting to get married to obtain a marriage license. They must then have their marriage "solemnized by a person authorized by law to solemnize marriages." This usually means a judge or a person authorized to perform marriages in a religious tradition.
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Cohabiting couples have no spousal rights
Missouri does not recognize common-law marriages. State law specifically declares all common-law marriages to be "null and void". This means that cohabiting couples in Missouri do not have spousal rights.
Missouri law does not identify any specific cohabitation legal rights for couples. Rights that are available in marriages in Missouri, such as spousal rights of survivorship in retirement or other financial accounts, are not available to cohabiting couples.
Missouri requires anyone wanting to get married to obtain a marriage license and have their marriage "solemnized by a person authorized by law to solemnize marriages." This is usually a judge or a religious figure. Without these steps, couples are still considered single, no matter how long they have lived together.
Cohabiting couples in Missouri do not have the same rights as married couples when it comes to property. There is no distinction between marital property and separate property because there is no marriage. Instead, property is either jointly owned by both individuals or owned by one individual who shares it with the other.
While Missouri does not allow "palimony" cases, it is possible for a person to recover compensation after the end of a cohabiting relationship based on their financial contributions to the relationship or the value of their labor. For example, they may be reimbursed for contributions to property owned by the other person that increased its value.
Cohabitation agreements can also be useful for defining the expectations and obligations of those in a relationship and providing protection in jurisdictions. These agreements can cover a wide variety of issues, but their overall purpose is to clarify the financial commitments and responsibilities of each partner. For example, a cohabitation agreement can stipulate that in the event of the death of one partner, the other will be able to continue living in the home they shared.
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Common-law marriage requirements vary by state
In the United States, common-law marriage is a form of irregular marriage that is only recognised in a handful of states. These include Kansas, Iowa, Colorado, Texas, and the District of Columbia, along with some provisions of military law. The specific requirements for a common-law marriage vary across these states.
For example, in Kansas, both parties must be 18 years or older and present each other as husband and wife to the public. However, merely living together for an extended period does not constitute a common-law marriage. If a couple establishes a common-law marriage in a state that recognises it, such as Kansas, and then moves to Missouri, they may still be considered married even though Missouri does not recognise common-law marriages. Missouri specifically declares all common-law marriages to be "null and void".
The recognition of common-law marriages from other states varies. Some states without common-law marriage, like Missouri, may still recognise a common-law marriage from a state that does, such as Kansas or Iowa. However, if a couple did not meet the terms of common-law marriage before moving to a state that does not recognise it, they generally would not be considered married. For instance, if a couple lived in Kansas but never presented themselves as married and then moved to Missouri and claimed to be married, they would not qualify for a common-law marriage.
It is important to note that there is no such thing as a "common-law divorce". Couples married under common law must go through the same legal separation or divorce process as any other married couple, according to the laws of their state of residence. Additionally, specific state requirements must be considered when filing joint tax returns for a common-law marriage to be recognised for tax purposes.
The recognition of common-law marriage has been gradually abolished in Western nation states, and the term is often used colloquially to refer to cohabiting couples, creating confusion regarding the legal rights of unmarried partners.
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Missouri requires a marriage license
Missouri does not recognise common-law marriages. Instead, Missouri requires anyone wanting to get married to obtain a marriage license. Marriage licenses can be obtained from the Recorder of Deeds in each Missouri county and are valid only in Missouri. Applicants do not need to be Missouri residents, but they must both 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.
The marriage license is valid for 30 days from the date of issuance and may be used anywhere within the State of Missouri. Applicants must be 18 years of age to marry without parental consent. Persons between the ages of 16 and 17 may obtain a license with the consent of a parent or legal guardian. Parents or legal guardians must give consent in person and have proper identification and proof of custody if divorced or never married. A certified copy of guardianship papers must also be presented. No license will be issued to a person 21 or older if the other person is less than 18 years of age.
The license fee varies by county but is typically around $50. Applicants can pay in cash or by debit/credit card, although there is usually a small fee for card payments. The marriage is not valid if the ceremony takes place before the license is picked up, and it is a misdemeanor for anyone to perform a marriage ceremony without a license. The person performing the ceremony must complete the left portion of the license, have two witnesses sign it, and return it to the Recorder's office within 15 days after the wedding. The right portion is the Marriage Certificate, which is filled out by the minister and retained by the married couple as evidence of the marriage.
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Frequently asked questions
No, Missouri does not recognize common-law marriages formed within the state.
Yes, Missouri will recognize a common-law marriage as valid if it was established in another state.
The requirements for common-law marriage vary by state, but typically include living together for a minimum period, agreeing to be married, and presenting themselves as a married couple to the public.
Cohabiting couples in Missouri do not have the same rights as married couples. They are treated as unmarried cohabitants and do not have spousal rights in areas such as finances, property, and inheritance.
No, there is no such thing as a common-law divorce. If a couple has established a common-law marriage, they must go through the same legal divorce process as any other married couple in the state where they reside.
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