Certain marriages prohibited
Missouri law lists certain family members who are not allowed to marry each other. This includes parents and children, grandparents and grandchildren, brothers and sisters, uncles and nieces, aunts and nephews, and first cousins. People who do not have the mental ability to agree to a marriage are also not allowed to marry unless a court says it is okay. These rules apply whether the people were born inside or outside of a legal marriage. A government official who knowingly gives a marriage license to people in these groups has broken the law.
451.020. Certain marriages prohibited — official issuing licenses to certain persons guilty of . — All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the , between uncles and nieces, aunts and nephews, first cousins, and between persons who lack , are ; and it shall be for any city, county or state official having to marriage licenses to issue such marriage licenses to the persons heretofore , and any such official who shall issue such licenses to the persons aforesaid knowing such persons to be within the prohibition of this section shall be guilty of a misdemeanor; and this prohibition shall apply to persons born as well as those in . It shall be that marriages between persons who lack capacity to enter into a marriage contract are prohibited unless the court having over such persons approves the marriage.
(RSMo 1939 § 3361, A.L. 1961 p. 343, A.L. 1969 H.B. 564, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2974; 1919 § 7299; 1909 § 8280
(1955) to enter into marriage must be determined as of date of marriage and that spouse was mentally ill at such time did not show insanity. Forbis v. Forbis (A.), 274 S.W.2d 800.
(2000) When a second marriage takes place prior to the of a previous marriage, a annulling the first marriage does not relate back to the time of that marriage so as to validate a second ed before the annulment decree. Everetts v. Apfel, 214 F.3d 990 (8th Cir.).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.