Keith Mack
Common-law marriage allows a couple to be considered married without a wedding or formal marriage ceremony. Some US states recognize common-law marriages, but Missouri is not one of them. If a couple has established a common-law marriage in a state where it is recognized, their marriage will be considered valid in Missouri. However, if a couple moves to Missouri and then attempts to establish a common-law marriage, this will not be recognized.
| Characteristics | Values |
|---|---|
| Common law marriage recognized? | No, Missouri does not recognize common-law marriages for unions formed after January 1, 1921 |
| Common law marriage validity | If a couple establishes a common-law marriage in a state that recognizes it, their marriage would still be considered valid in Missouri |
| Requirements for common law marriage | Both partners must have the intent to be married to each other, live together continuously, and represent themselves as married to others |
| Divorce for common law marriages | There is no common law divorce, even for common-law marriages. Couples would need to go through the same divorce process as any other married couple in Missouri |
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What You'll Learn
Missouri does not recognize common-law marriages
If a couple establishes a common-law marriage in a state where it is recognized, their marriage would still be considered valid if they moved to Missouri. This is because the Constitution generally provides that a marriage recognized in one state would be considered valid in another state. However, if a couple did not meet the terms of common-law marriage before moving to Missouri, their marriage would generally not be considered valid. For example, if a couple lived together in Kansas for years but never presented themselves as married and then moved to Missouri and started telling everyone they were married, this may not qualify as establishing a common-law marriage.
To establish a common-law marriage in a state that recognizes it, certain elements must typically be met. Both partners must have the present intent to be married to each other, live together continuously, and represent themselves as married to others. For example, by using the same last name. If a valid common-law marriage is established, the rights of a common-law spouse are generally similar to those of a legally married spouse. However, there is no common-law divorce, even for common-law marriages. Couples with a common-law marriage would need a valid legal separation or divorce and would have to go through the same divorce process as any other married couple.
Although Missouri does not recognize common-law marriages, it is important to note that there are certain factual requirements that must be met before individuals can enter into a valid marriage. These include age and voluntary consent.
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Common-law marriage requirements in other states
Missouri does not recognize common-law marriage. However, if a couple established a common-law marriage in a state that does recognize it, Missouri will recognize the marriage as valid.
In the United States, common-law marriage is a form of irregular marriage that is currently recognized in only a handful of states. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
The requirements for common-law marriage vary by state. In Texas, for example, couples must file a legal "Declaration of Informal Marriage," which is a legally binding document. The form must be completed by both partners and sworn or affirmed in the presence of the County Clerk. The Declaration is then formally recorded as part of the Official County Records and is forwarded to the Texas Bureau of Vital Statistics. Alternatively, couples can meet a three-pronged test, showing evidence of the following:
- An agreement to be married
- Lived together as husband and wife within the state of Texas
- Held themselves out to the public as a married couple
Other states, such as Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania, have abolished common-law marriage but still recognize them if they began before a certain date.
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Legal rights of cohabiting couples in Missouri
Cohabitation, or living together without being married, has become increasingly common in recent decades. However, Missouri law does not recognise common-law marriages. This means that, regardless of how long a couple has lived together, they are still considered single unless they have a marriage license and their union has been solemnised by an authorised person, usually a judge or religious official.
Missouri law does not recognise distinct property rights between unmarried individuals, nor does it allow "palimony" cases, which are lawsuits to obtain financial support after the end of a non-marital relationship. As such, cohabiting couples in Missouri do not have the same legal rights as married couples, including the right to divide property, allocate debts, receive spousal support, file joint tax returns, receive survivor's benefits, or receive certain employment and health benefits.
To protect themselves, more and more unmarried couples in Missouri are opting for cohabitation agreements, which are formal, legal agreements that clarify the financial commitments and responsibilities of each partner. These agreements can define expectations and obligations and provide protection in the event of a breakup. They can also be useful if the couple moves to a state that grants more rights to unmarried couples.
In the case of a breakup, Missouri law treats child support and child custody issues the same for cohabiting couples as for married couples. Parents have the same obligations and rights regarding their children, regardless of their marital status, and a court order is needed to define these rights and duties. The court must approve a parenting plan that addresses living circumstances, visitation, and child support.
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Property rights of cohabiting couples in Missouri
Missouri does not recognize common-law marriages. Therefore, there is no distinction between marital property and separate property. Instead, there is jointly owned property and individually owned property.
Cohabiting couples in Missouri can enter into a cohabitation agreement to clarify their property rights and finances. These agreements are flexible and can cover a wide range of issues, including child support and custody, estate planning, and rental payments. For instance, 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. Alternatively, it can stipulate that the deceased partner's share of the home will be distributed according to their will.
If a couple does not have a cohabitation agreement in place, it is still 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. For example, an individual may be reimbursed for contributions to property owned by the other person that increased its value. Additionally, 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.
In the case of couples with children, Missouri law treats issues like child support and child custody the same whether the couple is going through a divorce or separating after cohabitation. Parents have the same obligations regarding their children regardless of whether they have ever been married to each other or lived together with no legally binding connection.
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Divorce process for common-law marriages
Missouri does not recognize common-law marriages. However, if a couple established a common-law marriage in a state that does recognize it, they would need a valid legal separation or divorce. In this case, if one or both spouses move to Missouri, they would have to go through the same divorce process as any other married couple.
To qualify as a resident for the purpose of dissolving a marriage in Missouri, one must have lived in the state for 90 days immediately before filing for divorce. The divorce process can be initiated by filing the papers at the 17th Judicial Circuit Court in Cass County. If one lives in another county, the petition can be filed at the circuit court with the corresponding jurisdiction. This petition is known as a Petition for Dissolution of Marriage. The spouse who files the petition is the petitioner, unless the couple is filing jointly, in which case they are called co-petitioners. The petitioner must inform the court in writing about the details of the case, who the case is against, and the desired outcome. The petition must be verified before it can be filed. The petitioner must swear to or affirm the truth of the facts in the petition and sign it under oath before a notary public. The petition must also include certain information required by law, such as the division of property, child custody, and child support.
Alternative Dispute Resolution (ADR) can be an alternative to divorcing through the Family Court system in Missouri. This is especially beneficial for divorcing couples with children. Mediation is generally the route parents take to resolve their parenting differences and decide on a parenting plan.
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Frequently asked questions
No, Missouri does not recognize common-law marriages for unions formed after January 1, 1921.
Common-law marriage allows couples to be considered married without a formal wedding or civil/religious ceremony.
The couple must agree 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.
Yes, some states that recognize common-law marriage include Kansas and Colorado.
Yes, if a couple establishes a common-law marriage in a state that recognizes it, their marriage will generally be considered valid in Missouri.
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