If your marriage license was issued in one state but you were actually married in another state, is it legal?

Get Legal Help Today

 Secured with SHA-256 Encryption

If your marriage license was issued in one state but you were actually married in another state, is it legal?

Asked on September 28, 2012 under Family Law, Missouri

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Missouri law prefers that you obtain a license, get married, and file the certificate in the same state.  Missouri, unlike some states, do not quickly recognize common law marriages.  With that being said, it's not necessarily illegal to get a license in Missouri and then go to another state to get married... however, doing so can complicate later matters, like divorce actions or civil suits to recover for the loss of another spouse.  It complicates things because the persons performing the ceremony in the other state often forget or do not know how to properly file the return in Missouri-- which then creates a question about whether or not the parties really were married-- especially since Missouri is not a common law state.

So-- yes, it's still a legal marriage... but it could be subject to challenge later if the certificate was not properly filed later.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption