Cecily Zamora
Missouri law does not recognize common-law marriages within the state. However, it does recognize valid common-law marriages established in other states. In Missouri, couples who want to get married are required to obtain a marriage license and have their marriage solemnized by an authorized official, typically a judge or religious leader. While some states allow couples to claim the benefits of marriage without legal formalities, Missouri is not one of them. The state specifically declares all common-law marriages as null and void. This means that cohabiting couples in Missouri do not have the same rights as married couples, including property rights and spousal rights of survivorship.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Common-law marriage from other states recognized | Yes |
| Requirements for common-law marriage | Live together for a minimum period of time as spouses, hold themselves out to the public as a married couple, obtain a marriage license, and have their marriage solemnized by a person authorized by law to do so |
| Same-sex marriage recognized | No |
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What You'll Learn
Missouri does not recognise common-law marriages
Missouri does not recognize common-law marriages established within the state. Common-law marriage is a legal framework where a couple is considered married without having formally registered their union through a marriage license or ceremony. While some US states allow couples to claim the benefits of marriage without going through the formal processes, Missouri specifically declares all common-law marriages to be "null and void".
Missouri law has little to say about the property rights of cohabiting couples. There is no distinction between marital property and separate property because there is no marriage. Instead, property may be jointly owned by both individuals or owned by one individual who shares it with the other. Missouri also does not recognize "palimony" cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship.
For a marriage to be legally recognized 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 can be a judge or a person authorized to perform marriages in a religious tradition, such as an active or retired clergyman in good standing with any church or synagogue in the state.
While Missouri does not recognize common-law marriages established within the state, it does recognize valid common-law marriages that were established in states where such unions are legal. For example, if a couple met the requirements for a common-law marriage in Colorado, where common-law marriages are recognized, and then moved to Missouri, their marriage would likely be honored by Missouri courts under the Full Faith and Credit Clause of the US Constitution.
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Common-law marriages in other states may be recognised
Missouri law does not recognise common-law marriages established within the state. However, if a couple has a valid common-law marriage in another state, Missouri may recognise it. This is because of the Full Faith and Credit Clause of the U.S. Constitution. For example, if a couple fulfilled the requirements for a common-law marriage in Colorado, where such marriages are recognised, and then moved to Missouri, their union would likely be legally recognised there.
In Missouri, cohabiting couples are not entitled to the same rights as married couples. These rights include spousal rights of survivorship in retirement or other financial accounts. Missouri law does not distinguish between marital property and separate property in the case of cohabiting couples. Instead, property is classified as jointly owned by both individuals or owned by one individual who shares it with the other.
Cohabiting couples in Missouri are considered unmarried cohabitants. This distinction can have significant legal implications, especially when it comes to property ownership and financial obligations. To protect their rights and ensure proper legal planning, couples in long-term, committed relationships who are not legally married may consider creating a cohabitation agreement. This is a written agreement that outlines how finances, property, and other responsibilities will be handled between the couple.
It is important to note that, in general, common-law marriages are established when a couple agrees to enter into a common-law marriage, lives together for a minimum period of time as spouses, and holds themselves out to the public as a married couple. However, the specific requirements for a common-law marriage can vary depending on the state, and not all states recognise common-law marriages. As such, it is always advisable to consult with a family law attorney to understand the specific laws and requirements of each state.
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Cohabiting couples have no specific legal rights
In Missouri, "cohabitation" is a term used to describe a couple in a relationship living together without being legally married. Missouri law does not recognise any specific legal rights for cohabiting couples. The rights available to married couples in Missouri, such as spousal rights of survivorship in financial accounts, are not available to those cohabiting. Missouri law does not distinguish between marital property and separate property in the case of cohabiting couples, as there is no legal marriage.
Missouri does not recognise common-law marriages within the state. No matter how long a couple has lived together or whether they refer to each other as husband and wife, they are not considered legally married without obtaining a marriage license and solemnising the marriage through a recognised official. Missouri law specifically declares all common-law marriages to be "null and void".
However, Missouri does recognise valid common-law marriages established in other states where such unions are legal. For example, if a couple met the requirements for a common-law marriage in Colorado, where it is recognised, and then moved to Missouri, their marriage would likely be honoured under the Full Faith and Credit Clause of the U.S. Constitution.
Cohabiting couples in Missouri may consider creating a cohabitation agreement, a written document outlining how finances, property, and other responsibilities will be handled. While it is not a legal requirement, having a will is also recommended to ensure one's wishes are carried out after death, especially regarding the division of property.
It is important to consult a family law attorney to clarify legal rights and obligations, especially when considering formalising a union or navigating a legal dispute.
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Marriage licenses are required in Missouri
In Missouri, marriage licenses are required for couples to be considered legally married. Missouri state law does not recognise common-law marriages, which is a legal framework where a couple is considered married without having formally registered their union through a marriage license or ceremony. Instead, Missouri requires anyone intending to marry to obtain a marriage license from their local county courthouse. This usually involves presenting identification and paying a fee, with some counties requiring cash. After applying, there is a short waiting period before the license can be picked up, and the marriage must take place within 30 days of receiving the license. The marriage must then be solemnized by a person authorised by law, typically a judge or a member of the clergy.
While Missouri does not allow common-law marriages within the state, it does recognise valid common-law marriages established in other states. For example, if a couple met the requirements for a common-law marriage in Colorado, where it is recognised, and then moved to Missouri, their union would likely be honoured under the Full Faith and Credit Clause of the U.S. Constitution.
It is important to note that marriage brings about significant legal consequences that impact a couple's future together. These include filing tax returns, employment-related benefits, inheritance rights, and, in the event of a divorce, issues of spousal support, child custody, and division of property. Missouri law considers any income or assets generated during the marriage as marital property, subject to an approximate 50% net division in the event of a divorce. Additionally, each spouse automatically becomes the heir of the other, and when children are involved, they also become heirs.
To summarise, while Missouri does not recognise common-law marriages established within the state, it does acknowledge valid common-law marriages from other states. Regardless, marriage licenses are required for couples to be legally recognised as married in Missouri, and marriage brings about various legal implications that couples should carefully consider.
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Missouri does not allow 'palimony' cases
Missouri does not recognise common-law marriages. The state requires anyone wanting to get married to obtain a marriage licence, which must then be solemnised by a judge or religious authority. Missouri also does not allow palimony cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship.
Missouri law does not recognise any specific cohabitation legal rights for couples. While some states allow couples to claim the benefits of marriage without going through the formal processes, Missouri is not one of them. The state law specifically declares all common-law marriages to be "null and void".
Cohabitation refers to two people in a relationship living together while unmarried. While it is not a legal term in Missouri, it is important to understand the rights of cohabiting couples in the state. Missouri law has little to say about the property rights of such couples. There is no distinction between marital property and separate property because there is no marriage. Instead, there is property that might be jointly owned by both individuals or property that one individual owns and shares with the other.
When a couple ends their relationship after living together, there is often discrepancy over who leaves with what and how custody of children and pets will be handled. The issues presented in divorce cases in Missouri fall into two broad categories: property, including division of assets and debts and payment of spousal maintenance; and issues affecting minor children, including child support, custody, and parenting time.
In Missouri, spousal maintenance (formerly known as alimony) can be ordered by the trial court. Alimony is decided on a case-by-case basis. Either spouse may request a maintenance award, and if one spouse needs financial help and the other can afford to pay it, the judge will order the higher-earning spouse to pay alimony to the lower-earning spouse.
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Frequently asked questions
No, Missouri does not recognize common-law marriages.
Yes, if a couple has established a common-law marriage in a state that recognizes it, and then moves to Missouri, their marriage will be considered valid in Missouri.
The requirements for a common-law marriage vary slightly by state, but generally include the following: both parties must be 18 or older, they must live together for a minimum period, and they must present themselves as a married couple to the public.
Missouri law does not recognize any distinct property rights between unmarried individuals. However, a "cohabitation agreement" may be necessary to protect each person's rights in the event of a breakup.
No, Missouri does not allow "palimony" cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship.
