Unlocking the Truth: The Legality of Common Law Marriage in Missouri

In today’s society, the definition of marriage has evolved to encompass a variety of different relationships. One type that often sparks confusion and misconceptions is common law marriage. Many wonder, “Is common law marriage legal in Missouri?” This question piques the interest of many residents, whether they are unmarried couples or those curious about the state’s laws. In this article, we will delve into the topic of common law marriage and explore its legality in the state of Missouri.

Common law marriage is a term used to describe a marriage that has not been ceremonially entered into through a legal ceremony, but rather has been established based on the actions and intent of the individuals involved. It is important to note that not all states recognize common law marriages and their legal validity can vary from state to state. In this article, we will be focusing on the laws surrounding common law marriage in the state of Missouri.

What is Common Law Marriage?

Before we dive into the legality of common law marriage in Missouri, it is essential to understand what constitutes a common law marriage. A common misconception is that simply cohabitating with someone for a certain amount of time automatically creates a common law marriage. However, this is not the case in Missouri.

To be considered legally married under common law in Missouri, both partners must have the capacity and intent to marry. This means that they must mutually agree to be married and hold themselves out as husband and wife. Additionally, they must meet all other requirements for a legal marriage such as being of legal age and not already being married to someone else.

Is Common Law Marriage Recognized in Missouri?

Missouri only recognizes common law marriages that were entered into before 1921. This means that if you have been living with your partner and presenting yourselves as a married couple after 1921, you are not legally considered married under common law.

However, if you established your common law marriage before 1921 in another state where it was recognized, Missouri will also recognize it as valid. It is essential to note that this recognition only applies if your relationship meets all the requirements for a valid common law marriage in both states.

Requirements for Establishing Common Law Marriage in Missouri

As mentioned earlier, there are certain requirements that must be met for a common law marriage to be considered legally valid in Missouri. These include:

– Both parties must be at least 18 years of age or older
– Both parties must be legally able to marry, which means they are not already married to someone else
– They must have the capacity and intent to enter into a marriage
– The couple must live together and present themselves as a married couple
– They must agree to be married and consider themselves as husband and wife to the public

It is also important to note that Missouri does not recognize common law marriages between same-sex couples. As such, for a common law marriage to be legally valid, it must be between a man and a woman.

What Happens if You Did Not Meet the Requirements?

If you do not meet all the requirements for a common law marriage in Missouri, your relationship will not be recognized as legally married. This means that you will not receive the same legal protections and benefits as those who are legally married, such as inheritance rights, spousal support, or property division in case of separation.

If your relationship ends, you will also not have the legal rights and obligations that come with divorce. Instead, you will have to go through separate legal processes to resolve issues such as child custody and property division.

How Can You Prove Your Common Law Marriage in Missouri?

In case of any disputes or legal issues regarding your common law marriage in Missouri, it may become necessary to prove its validity. The burden of proof falls on the party who claims they are in a common law marriage.

Some ways you can prove your common law marriage in Missouri include:

– Joint tax returns: If you file joint tax returns with your partner, it can serve as evidence that you consider yourselves married.
– Joint bank accounts or utility bills: If you both have joint bank accounts or share utility bills, it can demonstrate that you are presenting yourselves as a married couple.
– Affidavit of marriage: You and your partner can sign an affidavit stating that you are in a common law marriage. This can serve as proof in case of any legal disputes.

In conclusion, while common law marriage may seem like a simple and convenient option for some couples, it is not legally recognized in Missouri after 1921. If you wish to establish a legal marriage in this state, it is essential to go through the proper ceremonial and legal process. However, if you have established a common law marriage before 1921 or in another state that recognizes it, Missouri will also recognize it as legally valid. It is always advisable to seek legal advice from a qualified attorney if you have any questions or concerns regarding your relationship status under common law in Missouri.

What is Common Law Marriage?

Common law marriage, also known as informal marriage, is a term used to describe a type of marital relationship that is recognized by law in certain states, including Missouri. Unlike traditional marriages that require a formal wedding ceremony and a marriage license, common law marriages are established through mutual agreement and living together as a couple for a significant period of time. It is important to note that not all states recognize common law marriages and it is typically only valid if both partners intend to be married and present themselves publicly as a married couple.

Requirements for Common Law Marriage in Missouri

In order for a common law marriage to be legally recognized in Missouri, the following requirements must be met:

– Both individuals must be at least 18 years of age and mentally capable of entering into a marriage.
– The couple must have mutually agreed to establish a marital relationship.
– They must have lived together continuously as husband and wife for a significant period of time.
– They must have presented themselves publicly as being married.
– Neither individual can currently be legally married to someone else.
– Both individuals must possess the legal capacity to marry, meaning they are not closely related by blood or adopted siblings.

It is important to note that in Missouri, there is no specific amount of time that couples must live together in order to establish a common law marriage. The court will evaluate each case individually based on the length of cohabitation and other relevant factors.

Proving the Existence of Common Law Marriage

Unlike traditional marriages that require documentation such as a marriage license or certificate, it can often be challenging to prove the existence of a common law marriage. However, there are certain actions or evidence that can help establish the validity of an informal marriage in Missouri:

– Joint property ownership: If the couple owns joint property such as assets or bank accounts, it can serve as evidence of a common law marriage.
– Joint tax returns: Filing joint tax returns as a married couple can also be used to prove the existence of a common law marriage.
– Using a spouse’s last name: If one partner has legally changed their last name to match their spouse’s even without a formal marriage, it can help establish the existence of a common law marriage.
– Shared insurance policies: Having joint health insurance or being listed as beneficiaries on life insurance policies can also serve as evidence of a common law marriage.

In addition, testimonies from friends and family members who have witnessed the couple living together and considering themselves married can also be submitted to prove the existence of a common law marriage.

How is Common Law Marriage Different Than Traditional Marriage?

One of the main differences between traditional and common law marriages is the way they are established. Traditional marriages require a legal ceremony and documentation, while common law marriages are based on mutual agreement and cohabitation. This means that couples in common law marriages do not receive the same legal protections that couples in traditional marriages do, such as access to marital assets or spousal support in case of divorce.

In Missouri, common law spouses are not automatically entitled to inherit from each other’s estates if one partner passes away. They also do not have the right to make medical decisions for each other unless they have designated each other as healthcare proxies or have a power of attorney in place.

Another difference between traditional and common law marriage is that while traditional marriages must go through a formal divorce process, there is no legal requirement for couples in common law marriages to go through any legal proceedings to end their relationship.

Is Common Law Marriage Valid Outside of Missouri?

While there are several states that recognize common law marriage, it may not be valid if you move to another state. Each state has its own laws when it comes to recognizing informal marriages, and it is important to check with your state’s laws before assuming that your common law marriage is valid elsewhere. In some cases, couples may need to go through a legal marriage process to have their relationship recognized in a new state.

In conclusion, common law marriage is recognized in the state of Missouri under certain conditions. It offers couples an alternative to traditional marriage and provides legal recognition for those who choose not to go through a formal ceremony. However, proving the existence of a common law marriage can be challenging and it is important for couples to understand their legal rights and protections in case their relationship ends. Consulting with a family law attorney can help provide clarity and guidance on the validity of a common law marriage in Missouri.

Q: What is common law marriage?
A: Common law marriage is a legal status that recognizes couples who have lived together for a significant period of time and acted like a married couple but have not obtained a marriage license.

Q: Is common law marriage legal in Missouri?
A: Yes, common law marriage is recognized as legally valid in the state of Missouri.

Q: Are there any specific requirements to establish a common law marriage in Missouri?
A: Yes, in Missouri, you must be at least 18 years old, cohabit with your partner, and intend to be married to each other to be considered legally married under common law.

Q: Do we need to file any documents or register our common law marriage with the state of Missouri?
A: No, there is no formal process for establishing a common law marriage in Missouri. If you meet the requirements, your relationship will be recognized as legally married.

Q: Can we get divorced if we were in a common law marriage in Missouri?
A: Yes, if your common law marriage was established in Missouri and meets all the legal requirements, it can be dissolved through a divorce process just like any other legally recognized marriage.

Q: Are there any circumstances where the courts may not recognize a common law marriage in Missouri?
A: Yes, if either party was already legally married to someone else at the time the common law marriage was established or if one party was under 18 years old, the courts may not recognize the relationship as a valid common law marriage.

After examining the legal status of common law marriage in Missouri, it can be concluded that while it is not expressly recognized as a valid form of marriage, the state does recognize common law marriages that were formed in other states where it is legally recognized. However, there are certain conditions that must be met for a common law marriage to be considered valid in Missouri.

Firstly, the couple must have cohabitated for a significant period of time and held themselves out to the public as married. Additionally, both parties must have been legally able to enter into a traditional marriage at the time the common law marriage was formed. This means that they must be of legal age and not already married or in a registered domestic partnership.

It is important for couples who are considering entering into a common law marriage in Missouri to carefully evaluate their decision and understand their rights and responsibilities. While it may provide certain legal benefits such as inheritance rights and access to health insurance, it may also come with potential challenges such as difficulties in proving its validity and division of assets in case of separation.

Furthermore, with the recent changes in state laws regarding domestic partnerships and legalization of same-sex marriages, there has been a decline in the prevalence of common law marriages. It is crucial for individuals who are currently in or are planning to