Marriage

How old do you have to be to get married in Missouri?

You can get married without parental consent at age 18. If you are younger than 18, you must have consent from a custodial parent or guardian. If you are younger than 15, you must obtain a court order.

How do you get a marriage license?

Both people must apply together before the county recorder of deeds. Both people must provide government issued photo identification showing legal proof of age. Both people must also know their Social Security numbers or provide their Social Security card. If one or both of the people do not have a Social Security number, that person or persons will sign an application indicating that they do not have such a number.

How do you report your marriage to the State of Missouri?

An issued marriage license must be used within 30 days, and can only be used in the State of Missouri. The officiating officer (clergy, etc.) is responsible for returning the issued license to the recorder’s office within 15 days of the wedding ceremony. If the issued license is lost or destroyed, contact the recorder’s office immediately.

Who can solemnize (make official) a marriage?

Any clergyperson, active or retired, who is in good standing with any church or synagogue in this state or any judge of a court of record, including a municipal judge.

Are blood tests required in Missouri?

No.

Does common law marriage exist in Missouri?

No. There is no presumption that a couple is married because they have been living together for a period of time.

Is same-sex marriage legal in Missouri?

Yes. Same-sex marriage is now legal in every state because of the United States Supreme Court’s 2013 decision in United States v. Windsor.

What is an annulment?

An annulment is a declaration that a marriage is invalid, and it renders the marriage completely void. Grounds for an annulment include duress, insanity, bigamy, and fraud.

How do you get a divorce?

A person files a petition in the circuit court in the county where that person resides. The person filing the petition must have been a resident of Missouri for at least 90 days before filing. After filing, there is a mandatory 30 day waiting period.

What are the grounds for divorce?

Missouri is basically a no-fault state in granting divorces. The court must find that there remains no reasonable likelihood that the marriage can be preserved and that, therefore, the marriage is irretrievably broken.

What does a court decide in a divorce?

If the parties are unable to reach an agreement, the court must decide on child custody, the support of any child of the marriage who is entitled to support, the maintenance of either spouse, the disposition of property, and the payment of attorney’s fees and court costs. The court makes orders on these issues as well as dissolving the marriage and restoring a spouse’s maiden name if requested.

What happens if parents don’t pay child support?

Parents who don’t pay child support can have their wages garnished, their bank accounts garnished, or other real or personal property levied upon and sold to pay the child support owed, suspension: of a driver’s license, a professional or occupational license, a hunting and fishing licenses, and even potential criminal conviction and jail time. A parent cannot escape child support obligation by moving out of Missouri.

What can parents do if they are being denied visitation with their child as ordered by the court?

A parent can bring a contempt action against the custodial parent. Sanctions can be enforced against the custodial parent including a change of custody to the other parent or a reduction in child support if the parent was current in his or her child support obligation. Visitation cannot be denied just because that parent has not paid child support and a parent can’t stop paying child support just because visitation was denied.

If a man denies he’s the father of a child, can he be required to pay child support?

Yes. A paternity suit can be started to determine, by complex blood testing, if he is the father of the child. The parties have a right to trial by jury. Custody and child support can be ordered by the court.

How is custody determined by the court?

The court determines custody in accordance with the best interest of the child, which includes looking at many different factors to reach a decision.

How long is child support paid?

Generally, a parent is obligated to make child support payments until the child dies, marries, enters the military, becomes self-supporting, reaches the age of 18 or graduates from a secondary school, whichever of the latter two conditions occurs last, but in any event no later than the child’s 21st birthday, unless certain exceptions apply.

What is joint legal custody?

Both parents share the decision-making rights, responsibilities and authorities relating to the health, education, and welfare of the child and, generally, the parents must confer with one another in the exercise of the decision-making rights, responsibilities, and authority.

What is joint physical custody?

Both parents have significant periods of time during which a child resides with or is under the care and supervision of each of the parents to make sure the child has frequent and meaningful contact with both parents.

What kind of protection can an abused spouse get?

Any adult who has been abused by a spouse or other current or former adult member of his or her household may apply to the court for a temporary order requiring the other person to leave the home, grant custody of children, and pay child support and maintenance for the expenses of the abused spouse.

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