Mo. Rev. Stat. » Chapter 451
Missouri Revised Statutes

Mo. Rev. Stat. § 451.040 (2026)

Marriage license required, waiting period

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  451.040.  Marriage license required, waiting period — presence not required, when — application, contents — license void when — common law of marriages void — lack of authority to perform marriage, effect — online applications, procedure. — 1.  Previous to any marriage in this state, a license for that purpose shall be obtained from the officer authorized to issue the same, and no marriage contracted shall be recognized as valid unless the license has been previously obtained, and unless the marriage is solemnized by a person authorized by law to solemnize marriages.

  2.  Before applicants for a marriage license shall receive a license, and before the recorder of deeds shall be authorized to issue a license, the parties to the marriage shall present an application for the license, duly executed and signed in the presence of the recorder of deeds or their deputy or electronically through an online process.  If an applicant is unable to sign the application in the presence of the recorder of deeds as a result of the applicant's incarceration or because the applicant has been called or ordered to active military duty out of the state or country, the recorder of deeds may issue a license if:

  (1)  An affidavit or sworn statement is submitted by the incarcerated or military applicant on a form furnished by the recorder of deeds which includes the necessary information for the recorder of deeds to issue a marriage license under this section.  The form shall include, but not be limited to, the following:

  (a)  The names of both applicants for the marriage license;

  (b)  The date of birth of the incarcerated or military applicant;

  (c)  An attestation by the incarcerated or military applicant that both applicants are not related;

  (d)  The date the marriage ended if the incarcerated or military applicant was previously married;

  (e)  An attestation signed by the incarcerated or military applicant stating in substantial part that the applicant is unable to appear in the presence of the recorder of deeds as a result of the applicant's incarceration or because the applicant has been called or ordered to active military duty out of the state or country, which will be verified by the professional or official who directs the operation of the jail or prison or the military applicant's military officer, or such professional's or official's designee, and acknowledged by a notary public commissioned by the state of Missouri at the time of verification.  However, in the case of an applicant who is called or ordered to active military duty outside Missouri, acknowledgment may be obtained by a notary public who is duly commissioned by a state other than Missouri or by notarial services of a military officer in accordance with the Uniform Code of Military Justice at the time of verification;

  (2)  The completed marriage license application of the incarcerated or military applicant is submitted which includes the applicant's Social Security number; except that, in the event the applicant does not have a Social Security number, a sworn statement by the applicant to that effect; and

  (3)  A copy of a government-issued identification for the incarcerated or military applicant which contains the applicant's photograph.  However, in such case the incarcerated applicant does not have such an identification because the jail or prison to which he or she is confined does not issue an identification with a photo his or her notarized application shall satisfy this requirement.

  3.  Each application for a license shall contain the Social Security number of the applicant, provided that the applicant in fact has a Social Security number, or the applicant shall sign a statement provided by the recorder that the applicant does not have a Social Security number.  The Social Security number contained in an application for a marriage license shall be exempt from examination and copying pursuant to section 610.024.  After the receipt of the application the recorder of deeds shall issue the license, unless one of the parties withdraws the application.  The license shall be void after thirty days from the date of issuance.

  4.  Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.

  5.  Common-law marriages shall be null and void.

  6.  Provided, however, that no marriage shall be deemed or adjudged invalid, nor shall the validity be in any way affected for want of authority in any person so solemnizing the marriage pursuant to section 451.100, if consummated with the full belief on the part of the persons, so married, or either of them, that they were lawfully joined in marriage.

  7.  In the event a recorder of deeds utilizes an online process to accept applications for a marriage license or to issue a marriage license and the applicants' identity has not been verified in person, the recorder of deeds shall have a two-step identity verification process or a process that independently verifies the identity of such applicants.  Such process shall be adopted as part of any electronic system for marriage licenses if the applicants do not present themselves to the recorder of deeds or his or her designee in person.  It shall be the responsibility of the recorder of deeds to ensure any process adopted to allow electronic application or issuance of a marriage license verifies the identities of both applicants.  The recorder of deeds shall not accept applications for or issue marriage licenses through the process provided in this subsection unless at least one of the applicants is a resident of the county or city not within a county in which the application was submitted.

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(RSMo 1939 § 3364, A.L. 1943 p. 639, A.L. 1974 H.B. 981, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 21 & 113, A.L. 1986 H.B. 931, A.L. 1997 S.B. 361, A.L. 1998 H.B. 987, A.L. 2001 H.B. 157, A.L. 2007 S.B. 22, A.L. 2014 S.B. 796, A.L. 2021 H.B. 271, A.L. 2025 H.B. 737 & 486 merged with S.B. 43)

Prior revisions: 1929 § 2977; 1919 § 7302; 1909 § 8283

(2014) Requirement that marriage license be signed in the presence of the recorder of deeds or deputy is unconstitutional as applied to incarcerated applicant.  Amos v. Higgins, 996 F.Supp.2d 810 (W.D. Mo.).

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1955–2021 · leading case: Sook Hee Yun v. Young Jin Yun, 908 S.W.2d 787 (Mo. Ct. App. 1995).
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Sook Hee Yun v. Young Jin Yun, 908 S.W.2d 787 (Mo. Ct. App. 1995). · cites it 4× “Previous to any marriage in this state, a license for that purpose shall be obtained from the officer authorized to issue the same, and no marriage hereafter contracted shall be recognized as valid unless the license has been previously obtained, and unless the marriage is…”
Nelson v. Marshall, 869 S.W.2d 132 (Mo. Ct. App. 1993). · cites it 4× “” § 451.040 RSMo. (1986). (emphasis added).”
Chervitz v. Bi-State Dev. Agency, 11 S.W.3d 714 (Mo. Ct. App. 1999). · cites it 7× “Bi-State filed a Motion for Summary Judgment arguing McKeever was not lawfully married to Decedent at the time of her death because such marriage had not been solemnized pursuant to Section 451.040 RSMo 1994. 1 The circuit court held a hearing for the presentation of evidence…”
Forbis ex rel. Davis v. Forbis, 274 S.W.2d 800 (Mo. Ct. App. 1955). · cites it 2× “468, Section 451.040(5). The incident, which led to institution of the insanity proceeding mentioned in plaintiff’s amended petition, occurred on January 2, 1952, and was described thus by defendant: “I was reading in the front .”
McKeever v. Bi-State Dev. Agency, 988 S.W.2d 599 (Mo. Ct. App. 1999). · cites it 3× “Chervitz appeals the order of dismissal on the grounds that the trial court erred when another division of the court determined, in a prior, separate order, that McKeever and decedent’s marriage was properly solemnized under Section 451.040 RSMo (1994). We dismiss this appeal…”
State v. Jackson, 663 S.W.2d 312 (Mo. Ct. App. 1983). · cites it 2× “See § 451.040(5) RSMo 1978. He asks us, however, to reverse his conviction so he can claim that status at the trial court level.”
State v. Nolan, 316 S.W.2d 630 (Mo. 1958). · cites it 2× “468, and present Section 451.040. In addition to the foregoing, as heretofore set out, defendant stated in his confession that he was not legally married to Helen Nolan.”
State ex rel. Phelan v. Davis, 965 S.W.2d 886 (Mo. Ct. App. 1998). · cites it 2× “See Section 451.040. . The husband claims they engaged in sex on only one occasion.”
Johnston v. Est. of Phillips, 706 S.W.2d 554 (Mo. Ct. App. 1986). · cites it 2× “Section 451.040(5) is the Missouri counterpart of that statute.”
Amos v. Higgins, 996 F. Supp. 2d 810 (W.D. Mo. 2014). “While she does not dispute Plaintiffs’ factual allegations or oppose their request for relief, she believes that she is bound by the statutory in-presence requirement and notes that any person who violates the provisions of § 451.040 “shall be deemed guilty of a misdemeanor.”
McGrath v. McGrath, 387 S.W.2d 239 (Mo. Ct. App. 1965). · cites it 2× “Section 451.040 [5] first added in 1921, declares: “Common law marriages hereafter contracted shall be null and void”.”
Susan Ann Taormina v. Marc Kenneth Taormina, 639 S.W.3d 482 (Mo. Ct. App. 2021). · cites it 2× “]”); § 451.040, RSMo (“no marriage contracted shall be recognized as valid unless the license has been previously obtained, and unless the marriage is solemnized by a person authorized by law to solemnize marriages.”
Show all 14 citing cases →
Mo. Rev. Stat. § 451.040(1): 1 case
Sook Hee Yun v. Young Jin Yun, 908 S.W.2d 787 (Mo. Ct. App. 1995). “Previous to any marriage in this state, a license for that purpose shall be obtained from the officer authorized to issue the same, and no marriage hereafter contracted shall be recognized as valid unless the license has been previously obtained, and unless the marriage is…”
Mo. Rev. Stat. § 451.040(5): 3 cases
Forbis ex rel. Davis v. Forbis, 274 S.W.2d 800 (Mo. Ct. App. 1955). “468, Section 451.040(5). The incident, which led to institution of the insanity proceeding mentioned in plaintiff’s amended petition, occurred on January 2, 1952, and was described thus by defendant: “I was reading in the front .”
State v. Jackson, 663 S.W.2d 312 (Mo. Ct. App. 1983). “See § 451.040(5) RSMo 1978. He asks us, however, to reverse his conviction so he can claim that status at the trial court level.”
Johnston v. Est. of Phillips, 706 S.W.2d 554 (Mo. Ct. App. 1986). “Section 451.040(5) is the Missouri counterpart of that statute.”
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