Kara Sears
Common-law marriage is a legal framework that allows a couple to be considered married without having formally registered their union through a marriage license or ceremony. While some US states recognize common-law marriages, Missouri is not one of them. Missouri law specifically declares all common-law marriages to be null and void. However, if a couple's common-law marriage was validly established in another state, it may still be recognized in Missouri.
| Characteristics | Values |
|---|---|
| Common law marriage recognition | Missouri does not recognize common law marriages within the state. |
| Common law marriage recognition outside Missouri | Missouri recognizes common law marriages that were established in states where such unions are legal. |
| Cohabitation rights | Missouri law does not recognize cohabitation as a legal term and does not provide specific legal rights for cohabiting couples. |
| Property rights for cohabiting couples | Missouri law does not distinguish between marital and separate property in the case of cohabiting couples. Property may be jointly owned or shared between individuals. |
| Palimony cases | Missouri does not allow palimony cases, which are lawsuits to obtain financial support after the end of a non-marital relationship. |
| Divorce requirements | Missouri requires a minimum residency of 90 days prior to filing for divorce, with some exceptions for military members. |
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What You'll Learn
Missouri does not allow common-law marriages within the state
Missouri law does not recognise common-law marriages within the state. Common-law marriages are informal pathways to legal marriage where a couple is considered married without having formally registered their union through a marriage license or ceremony. While some US states allow common-law marriages, Missouri is not one of them. Missouri state law specifically declares all common-law marriages to be "null and void".
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,” such as a judge or religious figure. The state does, however, recognize valid common-law marriages that were established in states where such unions are legal. For example, if a couple met all the requirements for a common-law marriage in Colorado, and then moved to Missouri, the Missouri courts would likely honor that marriage under the Full Faith and Credit Clause of the U.S. Constitution.
Cohabiting couples in Missouri are considered unmarried cohabitants in the absence of a legal marriage. 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. 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 labour.
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Common-law marriages from other states may be recognised
Missouri does not allow couples to establish a common-law marriage within the state. Common-law marriages are informal pathways to legal marriage where a couple is considered married without having formally registered their union through a marriage license or ceremony. While Missouri does not recognize common-law marriages within its borders, it does recognize valid common-law marriages established in other states where such unions are legal. For example, if a couple met all the requirements for a common-law marriage in Colorado, a state that recognizes common-law marriages, and then moved to Missouri, their marriage would likely be honored by Missouri courts under the Full Faith and Credit Clause of the U.S. Constitution.
It is important to note that simply living together and referring to each other as husband and wife do not constitute a common-law marriage in Missouri. The state law specifically declares all common-law marriages to be "null and void." Missouri law also does not recognize "palimony" cases, which refer to lawsuits to obtain financial support after the end of a non-marital relationship.
If a couple establishes a common-law marriage in a state that recognizes it and then moves to Missouri, they would still need to go through the same divorce process as any other married couple in the state. Additionally, there is no concept of "common-law divorce," even for common-law marriages. Couples married under common law cannot enter into another marriage until they obtain a valid legal separation or divorce according to the laws of their state of residence.
When in doubt about the recognition of a common-law marriage from another state in Missouri, it is advisable to consult a family law attorney to clarify legal rights and obligations and to protect the relationship with proper legal planning.
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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 while unmarried. While some US states allow couples to claim the benefits of marriage without going through the formal processes established by law, Missouri specifically declares all common-law marriages to be "null and void".
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. This also means that 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.
Missouri also does not allow "palimony" cases, which refer to lawsuits to obtain financial support, similar to spousal maintenance, after the end of a non-marital relationship. However, it could be 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, they may be able to claim reimbursement for contributions to property owned by the other person that greatly increased the property's value.
While Missouri does not allow couples to create a common-law marriage within the state, it does recognize valid common-law marriages established in states where such unions are legal. For example, if a couple met all the requirements for a common-law marriage in Colorado and then moved to Missouri, the Missouri courts would likely honor that marriage under the Full Faith and Credit Clause of the US Constitution.
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Common-law marriage requirements
Missouri does not allow couples to establish a common-law marriage within the state. However, it does recognize valid common-law marriages that were established in states where such unions are legal. Missouri law specifically declares all common-law marriages established within the state to be "null and void".
Common-law marriage allows couples to be considered formally married without having had a wedding or being formally married under a civil or religious ceremony. In states that recognize common-law marriage, couples are generally required to:
- Agree that they want to enter into a common-law marriage
- Live together for a minimum period of time as spouses
- Hold themselves out to the public as a married couple
If a couple establishes a common-law marriage in a state that recognizes it and then moves to Missouri, the Missouri courts would likely honor that marriage under the Full Faith and Credit Clause of the U.S. Constitution. On the other hand, if a couple did not meet the terms of common-law marriage until moving to Missouri from a state that did not recognize it, their union would generally not be considered a valid common-law marriage.
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Divorce for common-law marriages
Missouri does not recognize common-law marriages within the state. However, if a couple entered into a valid common-law marriage in another state, Missouri will recognize it. Common-law marriages are considered "null and void" in Missouri. The state also does not allow "palimony" cases, which are lawsuits to obtain financial support after the end of a non-marital relationship.
Cohabiting couples in Missouri do not have any specific legal rights. When a couple ends their cohabiting relationship, there is usually a discrepancy over who leaves with what and how custody of children and pets will be handled. In Missouri, there is no distinction between marital property and separate property because there is no marriage. Property can be jointly owned by both individuals or owned by one individual who shares it with the other.
In the case of a divorce in Missouri, the petitioner must tell the court in a written "petition" about the case, whom the case is against, and the desired outcome. The petition must be verified and signed under oath before a notary public. The petitioner must also file additional forms, including an 'Income and Expense Statement', a 'Statement of Property and Debt', a 'Parenting Plan' if children are involved, a 'Filing Information Sheet', a 'Certificate of Dissolution', and a proposed 'Judgment of Dissolution of Marriage'. The dissolution of marriage will significantly impact the spouses' financial and personal lives, including the division of assets, ongoing obligations to provide for a spouse, child welfare, and tax consequences.
Missouri is a no-fault state, meaning that neither party needs to be at fault for the court to grant a divorce. The court must find that the marriage is irretrievably broken for a divorce to be granted. If the court does not find that the marriage is irretrievably broken, it will grant a legal separation, which can be converted into a divorce no earlier than 90 days after the judgment of legal separation.
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Frequently asked questions
Common law marriage is a legal framework in which a couple is considered married without having formally registered their union through a marriage license or ceremony.
No, Missouri does not allow couples to establish a common-law marriage within the state. Missouri law specifically declares all common-law marriages to be "null and void".
Yes, Missouri does recognize common-law marriages that were established in states where such unions are legal.
The requirements for a common-law marriage vary by state but typically include living together for a minimum period of time and holding themselves out to the public as a married couple.
Missouri law does not recognize any specific legal rights for cohabiting couples. Property rights are determined based on joint ownership or individual ownership with shared use. Missouri also does not allow "palimony" cases, which refer to lawsuits for financial support after the end of a non-marital relationship.
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