Missouri does not recognize common-law marriages. This means that simply living together, even for an extended period, and presenting yourselves as husband and wife does not create a legally valid marriage in the state. To be legally married in Missouri, you must obtain a marriage license and have a legally recognized ceremony.
While many states still recognize common-law marriages entered into before a certain date, Missouri has not allowed them since 1995. Any purported common-law marriages formed after January 1, 1995, will not be recognized by the state's courts or government agencies. This is a significant legal distinction and has many implications for things like inheritance, property rights, and tax filing.
What Constitutes a Valid Marriage in Missouri?
A valid marriage in Missouri requires adherence to specific legal procedures:
- Marriage License: Couples must obtain a marriage license from the appropriate county clerk's office. Requirements for obtaining a license vary slightly by county but generally involve providing identification, proof of age, and paying a fee.
- Officiant: The marriage ceremony must be performed by a legally authorized officiant, such as a judge, a minister, or other designated religious or civil official.
- Witnesses: While not always legally required in all Missouri counties, the presence of witnesses is generally recommended to provide additional evidence of the marriage ceremony.
- Ceremony: The ceremony itself must generally include a formal declaration of intent to marry, the exchange of vows, and the officiant's pronouncement of marriage.
What Happens if a Couple Believes They Are Common-Law Married in Missouri?
If a couple believes they are common-law married in Missouri, they are legally considered unmarried. This means they lack the legal protections and responsibilities afforded to married couples under Missouri law. If there are disputes concerning property, finances, or other issues, the courts will not recognize their relationship as a marriage. The resolution of such disputes will be handled under different legal frameworks than those applying to married couples, potentially leading to more complex and expensive legal battles.
What are the Consequences of Not Having a Legally Recognized Marriage in Missouri?
Failing to legally marry in Missouri can lead to various consequences, including:
- Inheritance Issues: Without a legally recognized marriage, the surviving spouse may not inherit property or assets from their deceased partner.
- Hospital Visitation Rights: In case of illness or emergency, an unmarried partner might not have automatic hospital visitation rights.
- Tax Implications: Married couples are afforded certain tax benefits that unmarried couples do not receive.
- Child Custody and Support: While legal parentage is a separate issue from marital status, the lack of a formal marriage can complicate child custody and support arrangements.
- Health Insurance Benefits: Spousal health insurance benefits are typically only available to legally married individuals.
Are there any exceptions to the rule that Missouri does not recognize common-law marriages?
No, there are no exceptions to the rule. Missouri's clear and consistent stance is that common-law marriages are not recognized, regardless of the length of cohabitation or any other factors. Any such relationships entered into after January 1, 1995, are legally considered unmarried partnerships.
How can I get legally married in Missouri?
To get legally married in Missouri, you must follow the procedures outlined earlier: obtain a marriage license, have your ceremony performed by an authorized officiant, and ensure compliance with any other relevant state or local requirements. Contact your county clerk's office for specific details and instructions.
This information is for educational purposes only and should not be considered legal advice. For specific legal counsel, please consult with an attorney in Missouri.
