Missouri Statutes

§ 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.

Missouri § 451.040
JurisdictionMissouri
Title XXXDOMESTIC RELATIONS
Ch. 451Marriage, Marriage Contracts, and Rights of Married Women

This text of Missouri § 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.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mo. Rev. Stat. § 451.040 (2026).

Text

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

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Legislative History

(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.).

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Bluebook (online)
Missouri § 451.040, Counsel Stack Legal Research, https://law.counselstack.com/statute/mo/451.040.