Missouri, unlike many other states, does not recognize common-law marriage. This means that simply living together for an extended period, sharing finances, and presenting yourselves as a married couple will not legally constitute a marriage in the eyes of the state. This lack of recognition can have significant implications for inheritance, taxes, healthcare decisions, and other legal matters. Understanding Missouri's stance on common-law marriage is crucial for couples residing in the state.
This guide will clarify the legal position of common-law marriage in Missouri and address frequently asked questions surrounding this topic.
Does Missouri Recognize Common-Law Marriage?
No, Missouri does not recognize common-law marriages, either for couples who may believe they are currently in such a relationship or for those who entered into a common-law marriage in another state that does recognize them. The only legally recognized marriages in Missouri are those officially licensed and solemnized by the state.
This means that if a couple in Missouri believes they are in a common-law marriage due to cohabitation and shared responsibilities, they are not legally married under Missouri law. This lack of legal recognition can lead to significant legal complications.
What Constitutes a Legal Marriage in Missouri?
A legal marriage in Missouri requires a valid marriage license issued by the state, followed by a legally performed ceremony. This ceremony must adhere to Missouri's legal requirements, often including the presence of an officiant authorized to perform marriages. Simply living together, holding themselves out as a married couple, or even having children together does not constitute a legal marriage in Missouri.
How Can I Get Married in Missouri?
To legally marry in Missouri, both individuals must obtain a marriage license from the county clerk's office in the county where at least one of them resides. There are specific requirements and fees associated with obtaining this license. Once the license is obtained, a legally authorized officiant (such as a judge, minister, or other designated individual) must officiate the ceremony. After the ceremony, the officiant will file the marriage certificate with the county clerk's office, making the marriage official and legally binding under Missouri law.
What Happens if I Believed I Was in a Common-Law Marriage in Missouri?
If you believed you were in a common-law marriage in Missouri but now face legal issues such as inheritance disputes, property division, or healthcare decisions, it's crucial to seek legal advice. A Missouri attorney specializing in family law can advise you on your rights and options, even if your relationship wasn't legally recognized as a marriage. They can help navigate the complexities of the situation and explore potential solutions.
What if I Had a Common-Law Marriage in Another State?
Even if you established a common-law marriage in a state that recognizes such unions, Missouri will not recognize it. Your marital status in Missouri will be determined solely by whether you obtained a valid Missouri marriage license and had a legally performed ceremony in the state. This can significantly impact property division, inheritance, and other legal matters if you move to Missouri or have property located within the state.
What are the implications of not having a legally recognized marriage?
The lack of a legally recognized marriage in Missouri has significant implications:
- Inheritance: Without a legally binding marriage, the surviving partner may not be entitled to inherit assets from their deceased partner. The inheritance rules will depend on the will of the deceased or the laws of intestacy (when there is no will).
- Taxes: Married couples often receive tax benefits that are not available to unmarried individuals.
- Healthcare Decisions: Spouses typically have legal rights to make healthcare decisions for each other. Unmarried partners might not have the same legal authority.
- Property Ownership: Without a marriage, there might be complications regarding shared property ownership and division in case of separation or death.
This information is for general guidance only and should not be considered legal advice. It is highly recommended to consult with a qualified Missouri attorney for legal advice specific to your situation. They can help you understand your rights and options based on your individual circumstances.
