About Marriage Law in Missouri, United States
Marriage in Missouri is a legally recognized union between two individuals that creates rights and obligations between those individuals. The state regulates how marriages are entered into, dissolved, and recognized. Missouri recognizes both opposite-sex and same-sex marriages. All marriages must comply with specific legal requirements regarding consent, age, licensing, and ceremony for the marriage to be valid under Missouri law.
Why You May Need a Lawyer
While many marriages take place without legal challenges, there are situations where legal advice becomes critical. These include:
- Drafting or reviewing prenuptial or postnuptial agreements.
- Addressing questions about property division and financial rights.
- Navigating the legal process when one or both parties have been previously married or divorced.
- Cases involving international marriages or immigration issues.
- Situations where parental rights, children from previous relationships, or adoption are involved.
- Addressing disputes or misunderstandings regarding marital status or validity.
- Responding to alleged fraud, coercion, or other impediments to a legal marriage.
Having a knowledgeable attorney can help ensure that your rights and interests are protected at every stage of the marriage process.
Local Laws Overview
Missouri sets forth specific requirements and limitations regarding marriage. Key aspects include:
- Marriage License: Couples must apply for a marriage license at a county Recorder of Deeds office. There is no residency requirement, but both parties typically need to appear in person with proper identification.
- Age Requirements: The legal age to marry in Missouri is 18. Minors aged 16 or 17 may marry with the consent of a custodial parent or guardian. Marriages involving individuals under 16 are generally prohibited unless a court approves due to pregnancy or parenthood, and the other party is no more than four years older.
- Waiting Period: There is no waiting period after obtaining a marriage license in Missouri, so couples can marry immediately.
- Ceremony Requirements: The marriage must be solemnized by an authorized official such as a judge, minister, or clergy member. Two witnesses are required.
- Prohibited Marriages: Missouri law prohibits marriages between close relatives (incest) and between persons who are already married to someone else (bigamy).
- Recognition of Out-of-State Marriages: Most marriages validly performed in other states or countries are recognized in Missouri, unless they conflict with public policy (such as underage or polygamous marriages).
- Name Change: Spouses may choose to change their last name after marriage following the guidelines set by the Missouri courts and government agencies.
Frequently Asked Questions
What documents do we need to apply for a marriage license in Missouri?
Both parties typically need a government-issued ID such as a driver's license or passport. Some counties also require a Social Security number. No blood test is required.
How long is the marriage license valid?
A marriage license issued in Missouri is valid for 30 days. If the marriage does not take place within that time frame, a new license must be obtained.
Can non-residents get married in Missouri?
Yes, there are no residency requirements. Visitors to Missouri can get married as long as all other requirements are met.
Is same-sex marriage legal in Missouri?
Yes, following the 2015 Supreme Court decision, same-sex marriage is legal and recognized throughout Missouri.
Do we need witnesses for our marriage ceremony?
Yes, Missouri law requires two witnesses to be present at the marriage ceremony and sign the marriage license.
How do I change my name after marriage?
After marriage, you may use your certified marriage certificate to update your name on Social Security records, your driver's license, and other documents. There is a process for each agency that must be followed.
What if I lose my marriage license before the ceremony?
You should contact the county Recorder of Deeds office where the license was issued as soon as possible to request a replacement or guidance.
Can a marriage be annulled in Missouri?
Yes, but annulments are rare and only granted in specific circumstances, such as fraud, lack of consent, or when the marriage was never legally valid.
Are common law marriages recognized in Missouri?
No, Missouri does not recognize common law marriage unless it was validly established in another state that allows it.
What should we do if one party was previously married?
You must provide the date of dissolution or death of the previous spouse. All prior marriages must be legally ended before entering into a new marriage.
Additional Resources
If you need more information or assistance, the following resources may be helpful:
- Missouri Department of Health & Senior Services - Bureau of Vital Records (for marriage certificates and records)
- Missouri Courts - official court information and forms
- County Recorder of Deeds Office - for marriage licensing
- Missouri Bar Association - public resources and lawyer referral
- Legal Aid organizations serving Missouri residents
Next Steps
If you are considering marriage or have questions about your legal rights or responsibilities in Missouri, you should:
- Gather necessary documentation such as identification and proof of previous divorce or annulment if applicable.
- Contact your local Recorder of Deeds office to understand their specific requirements and procedures for obtaining a marriage license.
- Consult with a qualified family law attorney if you have concerns about prenuptial agreements, complex financial matters, previous marriages, or unique circumstances.
- Review resources from government offices and legal organizations to familiarize yourself with the marriage process in Missouri.
- Take proactive steps to ensure your marriage is legally valid and your rights are protected.
Working with a knowledgeable attorney or legal professional can provide peace of mind and help avoid costly mistakes as you embark on your marriage journey in Missouri.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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