The short answer is no, common law marriage is not legal in Missouri. While some states recognize common law marriages, Missouri is not one of them. This means that simply living together and presenting yourselves as married isn't enough to establish a legal marriage in the eyes of the state. To be legally married in Missouri, you must obtain a marriage license and have a legally performed ceremony.
This lack of recognition for common-law marriage can have significant consequences in areas like:
- Inheritance: Without a legally recognized marriage, your partner may not inherit your assets upon your death unless explicitly stated in a will.
- Taxes: Filing jointly as a married couple for tax purposes is not possible without a legal marriage certificate. This can lead to significant tax implications.
- Healthcare Decisions: Spousal rights regarding healthcare decisions are not afforded to unmarried partners, regardless of the length of their cohabitation.
- Property Rights: Property ownership and division in the case of separation or death can be complex and difficult to resolve without a legal marriage.
What Constitutes a Legal Marriage in Missouri?
To be legally married in Missouri, couples must meet specific requirements:
- Obtain a Marriage License: A marriage license must be obtained from the county clerk's office in the county where the ceremony will take place. There are specific requirements for obtaining a license, including providing identification and potentially undergoing a waiting period.
- Officiate a Ceremony: The marriage ceremony must be performed by an authorized officiant, such as a judge, minister, or other legally recognized official. The ceremony must adhere to the state's legal requirements.
- Register the Marriage: The marriage must be registered with the county clerkâs office after the ceremony. This creates an official record of the marriage.
What if I Believe I Have a Common Law Marriage in Missouri?
Even if you and your partner have lived together for many years and considered yourselves married, this does not create a legal marriage in Missouri. Attempting to claim a common-law marriage after the fact will likely be unsuccessful in court. The only way to legally establish a marital relationship in Missouri is by obtaining a marriage license and holding a legally recognized ceremony. If you need to legally establish your relationship for inheritance, tax or other legal reasons, consider consulting with a Missouri family law attorney to explore your options, such as creating a will or other legal documentation.
What are the requirements for a valid marriage in Missouri?
To have a legally valid marriage in Missouri, you must:
- Be at least 18 years old.
- Obtain a marriage license from the county clerk's office.
- Have the ceremony performed by a legally authorized officiant.
- Have the marriage registered with the county clerk's office.
How is a common law marriage different from a legal marriage in Missouri?
A common-law marriage is not recognized in Missouri. A legal marriage requires obtaining a marriage license, having a ceremony performed by an authorized officiant, and registering the marriage. Common law marriage involves cohabitation and presenting yourselves as married, but that is not sufficient for legal recognition in Missouri.
Can a common-law marriage be recognized in Missouri under any circumstances?
No. Missouri does not recognize common-law marriages under any circumstances. The only way to establish a legally binding marriage in Missouri is through the proper legal channels outlined above.
This information is for general guidance only and is not a substitute for legal advice. Consult with a qualified Missouri attorney for advice tailored to your specific situation.
