In Missouri, common law marriage is recognized as a legal union between two individuals who have lived together for a certain period of time and hold themselves out to the public as married. Although there is no formal ceremony or marriage license involved, common law marriages are considered legally binding and carry the same rights and responsibilities as traditional marriages. This comprehensive guide will explore the requirements, advantages, and disadvantages of common law marriage in Missouri.
Introduction
Explanation of Common Law Marriage:
Common law marriage is a type of marriage that is recognized by some states in the United States. It is a legal union between two individuals who have not obtained a marriage license or had a formal wedding ceremony, but have lived together for a certain period of time and hold themselves out to the public as married.
Overview of Missouri’s Common Law Marriage Requirements:
In Missouri, common law marriage is recognized as a legal union between two individuals who have lived together continuously for a certain period of time with the intent to be married. There is no specific time requirement, but it is generally assumed that a couple must live together for at least several months to meet this requirement. Both parties must also have the capacity to marry, agree to be married, and hold themselves out to the public as married.
Purpose of Article:
The purpose of this article is to provide a comprehensive guide to common law marriage in Missouri. It will explore the requirements, advantages, and disadvantages of common law marriage, as well as offer tips for couples who are considering entering into a common law marriage.
Requirements
To establish a common law marriage in Missouri, the following requirements must be met:
Cohabitation:
The couple must have lived together continuously for a certain period of time with the intent to be married. There is no specific time requirement for cohabitation, but it is generally assumed that a couple must live together for at least several months to meet this requirement.
Capacity:
Both parties must have the capacity to marry. This means that they must be of legal age (18 years old) and not currently married to someone else.
Agreement to be Married:
The couple must agree to be married and hold themselves out to the public as married. This can be shown through their conduct, such as using the same last name, introducing each other as spouses, or filing joint tax returns.
Advantages
Legal Recognition:
Common law marriages in Missouri are recognized as legally binding, which means that the couple has the same rights and responsibilities as a traditionally married couple. This includes inheritance rights, the ability to make medical decisions for your partner, and the right to file joint tax returns.
No Formal Ceremony or License Required:
One of the main advantages of common law marriage is that it does not require a formal ceremony or marriage license. This can save time and money, especially for couples who may not want a big wedding or cannot afford the fees associated with obtaining a marriage license.
Flexibility:
Common law marriage offers more flexibility than traditional marriage. For example, couples can choose to end their relationship without the need for a formal divorce proceeding. This can be beneficial if the couple decides to go their separate ways but does not want to go through the hassle and expense of a divorce.
Protects Spousal Rights:
Common law marriage also protects spousal rights. If one partner falls ill or becomes incapacitated, the other partner can make medical decisions on their behalf. In addition, common law marriage provides inheritance rights to the surviving spouse upon the death of the other spouse.
Entitled to Spousal Benefits:
Common law spouses are entitled to spousal benefits, such as Social Security benefits, just like traditional married couples.
Disadvantages
Lack of Legal Protections:
While common law marriages offer legal recognition, they do not provide the same level of legal protections as traditional marriages. For example, if one partner dies without a will, the surviving partner may not automatically inherit the deceased partner’s property. Additionally, common law spouses may not be entitled to spousal support or alimony if the relationship ends.
Difficulty Proving Existence of Marriage:
Establishing the existence of a common law marriage can be difficult, especially if there is no paper trail to prove it. This can create problems if one partner tries to claim rights or benefits that are only available to legally recognized spouses.
Limited Recognition Outside of Missouri:
Although common law marriage is recognized in Missouri, it may not be recognized in other states. This can create issues if the couple moves to another state and wants to establish legal rights or benefits.
Lack of Stability:
Common law marriage lacks the stability of traditional marriage. It is easier for couples to separate when they are in a common law marriage, which can lead to financial and emotional instability.
Lack of Formality:
Common law marriage lacks the formality and structure of traditional marriage. This can be a disadvantage for some couples who value the social and cultural aspects of getting married, such as having a wedding ceremony or exchanging vows.
Tips for Couples Considering Common Law Marriage
Discuss Your Intentions:
Before entering into a common law marriage, it is important for couples to discuss their intentions and make sure they are on the same page. This includes discussing issues such as finances, property ownership, and future plans.
Create a Cohabitation Agreement:
To protect both partners in a common law marriage, it is recommended to create a cohabitation agreement. This document can outline each partner’s rights and responsibilities, as well as how property will be divided in the event of a breakup or death.
Keep Records:
To establish the existence of a common law marriage, it is important to keep records of your relationship. This can include joint bank accounts, utility bills in both names, and evidence of joint tax returns.
Consider Consulting with an Attorney:
If you have any questions or concerns about common law marriage in Missouri, it is recommended to consult with an experienced family law attorney. An attorney can help you understand your legal rights and obligations, as well as provide guidance on creating a cohabitation agreement.
Conclusion
In conclusion, common law marriage in Missouri offers many advantages, including legal recognition, flexibility, and cost savings. However, it also comes with some drawbacks, such as a lack of legal protections and difficulty proving the existence of the marriage. It is important to carefully consider these factors before deciding whether to enter into a common law marriage. If you have any questions or concerns about common law marriage in Missouri, it is recommended to consult with an experienced family law attorney. By taking the appropriate steps and seeking legal guidance, couples can ensure that their common law marriage is legally recognized and protected.