Know Your Rights: Understanding Missouri Marriage Laws in 2021
Learn about Missouri's marriage laws, including requirements for obtaining a marriage license and the legal age to get married.
Marriage is a legally binding agreement between two individuals, and as such, there are laws in place to govern the process. In the state of Missouri, marriage laws are comprehensive and cover many aspects of the union. Whether you're planning to get married or are simply interested in learning more about the state's legal requirements, understanding Missouri marriage laws is essential. From obtaining a marriage license to the dissolution of marriage, this article will provide an in-depth look at everything you need to know about Missouri's marriage laws.
One of the first things you'll need to do if you're planning to get married in Missouri is to obtain a marriage license. This process involves filling out an application, providing identification documents, and paying a fee. However, there are certain requirements you'll need to meet before you can apply for a marriage license, such as being at least 18 years old and not already married. Additionally, there may be waiting periods and residency requirements depending on your circumstances.
Another important aspect of Missouri marriage laws is the recognition of common-law marriages. While not all states recognize common-law marriages, Missouri does under certain conditions. For a common-law marriage to be recognized in Missouri, both parties must have the capacity to enter into a marriage, must hold themselves out as married, and must cohabit. Additionally, common-law marriages are only recognized in Missouri if they were established before January 1, 2019.
If you're considering a prenuptial agreement before getting married, it's worth noting that Missouri has specific laws regarding these agreements. Under Missouri law, prenuptial agreements are enforceable as long as they are in writing, signed by both parties, and entered into voluntarily. However, certain provisions may be deemed unenforceable if they violate public policy or are considered unconscionable.
Once you're married, it's important to understand the legal implications of your union. Missouri is an equitable distribution state when it comes to property division in a divorce. This means that marital property will be divided fairly but not necessarily equally between the spouses. Additionally, Missouri allows for both fault and no-fault divorces, and there are specific grounds for divorce that must be met before a divorce can be granted.
When it comes to child custody and support, Missouri has specific laws in place to protect the best interests of the child. In custody disputes, the court will consider factors such as the child's wishes, the physical and emotional needs of the child, and the ability of each parent to provide for the child. Similarly, child support calculations take into account factors such as the income of each parent, the number of children, and any special needs of the child.
Other important aspects of Missouri marriage laws include annulments, name changes, and domestic partnerships. An annulment is a legal declaration that a marriage is void and never existed, while a name change can be requested by either spouse after marriage. Additionally, Missouri recognizes domestic partnerships for same-sex couples, granting them many of the same rights and benefits as married couples.
In conclusion, understanding Missouri marriage laws is essential for anyone considering getting married or going through a divorce in the state. From obtaining a marriage license to property division and child custody, Missouri's laws cover many aspects of marriage and family law. Whether you're looking to protect your assets with a prenuptial agreement or seeking custody of your children, consulting with an experienced family law attorney can help you navigate the complexities of Missouri's legal system.
Introduction
Marriage is a legal union between two individuals, and each state has its own set of laws and requirements to get married. In Missouri, there are specific marriage laws that couples must abide by if they want to tie the knot legally. These laws govern everything from who can get married to how the marriage ceremony must be conducted.
Who Can Get Married in Missouri?
In Missouri, individuals who are 18 years or older can get married without parental consent. However, if either party is under the age of 18, they will need parental consent to get married. If one person is under the age of 16, they cannot get married without a court order. Additionally, Missouri law prohibits marriages between close relatives, including siblings, first cousins, and other close family members.
Obtaining a Marriage License
To get married in Missouri, couples must obtain a marriage license from their local county recorder of deeds. Both parties must appear in person to apply for the license, and they will need to provide valid identification, such as a driver's license or passport. The cost of a marriage license in Missouri varies by county, but it typically ranges from $50 to $60.
Waiting Period
Missouri has a waiting period of three days after obtaining a marriage license before the couple can get married. This waiting period is intended to give both parties time to consider their decision and make sure they want to proceed with the marriage. However, if the couple completes a premarital education course, the waiting period can be waived.
Marriage Ceremony
Under Missouri law, the marriage ceremony must be conducted by an authorized officiant, such as a judge, clergy member, or other authorized individual. The ceremony must be conducted in the presence of at least two witnesses who are at least 18 years old. The officiant will need to sign and file the marriage license with the county recorder of deeds within 15 days of the ceremony.
Common Law Marriage
Missouri does not recognize common law marriages. This means that couples cannot establish a legal marriage simply by living together for a certain period of time or holding themselves out as married. Instead, they must go through the formal process of obtaining a marriage license and having a ceremony.
Name Change
After getting married in Missouri, individuals may choose to change their last name to their spouse's last name. This can be done by including the new name on the marriage license application and obtaining a certified copy of the marriage certificate. The couple can then use this certificate to change their name on important documents, such as their driver's license and Social Security card.
Annulment and Divorce
If a couple decides that they no longer want to be married, they can seek an annulment or divorce. An annulment is a legal procedure that declares the marriage invalid, while a divorce is a legal procedure that dissolves the marriage. To obtain an annulment or divorce in Missouri, couples must meet certain residency requirements and file the appropriate paperwork with the court system.
Same-Sex Marriage
In 2015, the U.S. Supreme Court ruled that same-sex couples have the right to marry in all 50 states, including Missouri. This means that same-sex couples can obtain a marriage license and have a legal marriage ceremony in Missouri, just like opposite-sex couples.
Conclusion
Missouri's marriage laws govern the legal union between two individuals and ensure that couples meet certain requirements before getting married. Whether you are planning to get married in Missouri or are simply interested in learning more about the state's marriage laws, it is important to understand the rules and regulations that apply to your situation.
Missouri has several laws in place regarding marriage. The minimum age requirement for marriage without parental consent is 18 years old, but individuals between the ages of 15 and 17 may get married with the permission of their parents. There is no waiting period for couples who wish to get married in Missouri, as long as they meet the legal requirements. Unlike some states, Missouri does not require blood tests for marriage. Proxy marriage is not allowed in Missouri, meaning both parties must be present at the ceremony with an officiant and witnesses. Same-sex marriage has been legal in Missouri since 2014, following a Supreme Court ruling. Missouri recognizes common law marriages established prior to 1921, which requires that the couple lives together, presents themselves as married, and has mutual consent. To obtain an annulment in Missouri, the marriage must have been void from the start or one party was under duress or lacked the mental capacity to consent. Missouri follows a no-fault divorce policy, meaning neither party needs to show fault or wrongdoing to be granted a divorce. There is a 30-day waiting period after filing for divorce before it can be finalized. Alimony may be awarded in Missouri if one party is financially dependent on the other, and property division is determined on a case-by-case basis, with the court considering each party's contribution to the marriage. Overall, Missouri has clear and concise laws in place regarding marriage, annulment, divorce, and property division.Missouri Marriage Laws: An Overview
Introduction
Marriage laws in Missouri set the guidelines for individuals who wish to get married. These laws specify requirements for obtaining a marriage license, age restrictions, and other regulations that couples must follow to be legally married in the state.
Pros of Missouri Marriage Laws
- Clear Guidelines: The laws provide clear guidelines for couples who want to get married, making it easier for them to understand the process and meet the requirements.
- Protects Minors: The laws have age restrictions in place to protect minors from being forced or coerced into marriage before they are ready or legally able to consent.
- Ensures Legality: By adhering to the laws, couples can ensure that their marriage is legal and recognized by the state, providing them with legal protections and benefits.
Cons of Missouri Marriage Laws
- Restrictive Age Requirements: Some individuals may feel restricted by the age requirements for obtaining a marriage license, particularly if they are under 18 and require parental consent.
- Limitations on Types of Marriage: Missouri does not recognize same-sex marriages, which can be a disadvantage for LGBTQ+ couples who wish to get married in the state.
- Complex Process: The process of obtaining a marriage license can be complex and time-consuming, requiring couples to gather certain documents and pay fees.
Table Information
The following table provides an overview of key information related to Missouri Marriage Laws:
| Requirement | Details |
|---|---|
| Age Requirement | Both individuals must be at least 18 years of age to marry without parental consent. Individuals under 18 require parental consent and, if under 15, a court order as well. |
| License Validity | A Missouri marriage license is valid for 30 days from the date of issuance. |
| Waiting Period | There is no waiting period in Missouri once a marriage license has been issued. |
| Cost | The cost of a marriage license in Missouri varies by county but typically ranges from $45 to $60. |
| Legal Recognition of Same-Sex Marriage | Missouri does not recognize same-sex marriages or civil unions. |
Closing Message for Missouri Marriage Laws Blog Visitors
Thank you for taking the time to read our blog on Missouri Marriage Laws. We hope that you found it informative and useful in understanding the legal requirements for getting married in Missouri. Our team of legal experts has put together this comprehensive guide to help you navigate through the legalities involved in getting married in the state of Missouri.
We understand that marriage is an important milestone in everyone's life, and we believe that it should be a joyous occasion for all. However, it is important to remember that marriage is not just a celebration, but also a legal contract between two individuals. Therefore, it is essential to understand the legal requirements before tying the knot.
As we have discussed in our previous posts, Missouri has specific marriage laws that every couple must follow to get married in the state. These laws include age requirements, blood tests, waiting periods, and other legal formalities. It is crucial to fulfill these requirements to avoid any legal complications in the future.
Our blog has covered each of these requirements in detail, providing you with all the necessary information you need to know before getting married in Missouri. We have also highlighted some common questions that couples often ask regarding the legalities of marriage in Missouri.
It is important to note that the legal requirements for marriage in Missouri may change over time. Therefore, it is always advisable to consult a legal expert or visit the official website of the Missouri Department of Health and Senior Services for the latest updates.
We understand that navigating through legal procedures can be overwhelming, especially when it comes to marriage. However, we hope that our blog has made it easier for you to understand the legal requirements for getting married in Missouri.
At the same time, we would like to remind you that marriage is not just about legalities, but also about love, commitment, and respect. We believe that every couple deserves to have a happy and fulfilling marriage, and we wish you all the best for your future together.
Lastly, we would like to thank you once again for visiting our blog on Missouri Marriage Laws. We hope that you found it helpful, and we look forward to providing you with more informative content in the future.
Stay tuned for our upcoming posts on legal procedures related to marriage and other important legal matters. If you have any questions or suggestions, please feel free to leave a comment below, and we will get back to you as soon as possible.
Thank you!
Missouri Marriage Laws: FAQs
What are the requirements for getting married in Missouri?
In Missouri, both parties must be at least 18 years old to get married without parental consent. If one or both parties are under 18, they must have written consent from their parent or legal guardian. Both parties must also present a valid photo ID, such as a driver's license or passport.
Is there a waiting period to get married in Missouri?
No, there is no waiting period to get married in Missouri. However, couples must obtain their marriage license at least three days prior to their wedding ceremony.
How much does it cost to get a marriage license in Missouri?
The cost of a marriage license varies by county in Missouri, but it typically ranges from $50 to $60. Some counties may charge additional fees for certified copies of the marriage license.
Do we need to take a blood test to get married in Missouri?
No, Missouri does not require couples to take a blood test before getting married.
Can we get married by a friend or family member in Missouri?
No, only ordained ministers, judges, and licensed clergy members can officiate weddings in Missouri.
Is same-sex marriage legal in Missouri?
Yes, same-sex marriage has been legal in Missouri since October 6, 2014, following a federal court ruling.
What is the process for changing my name after getting married in Missouri?
To change your name after getting married in Missouri, you will need to obtain a certified copy of your marriage license from the county clerk's office where you were married. You will then need to update your name with the Social Security Administration, Department of Motor Vehicles, and other relevant organizations.