If your marriage license was issued in one state but you were actually married in another state, is it legal?
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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 11 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.
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