Missouri
Missouri Annulment Laws: Void Marriages and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 12 primary sources cited on this page. How we verify our legal content
Missouri handles annulment as a "declaration of invalidity of marriage," filed in circuit court under the same caption as a divorce (RSMo 452.300.2). The marriages Missouri law declares void include bigamous marriages (RSMo 451.030), marriages between close relatives (RSMo 451.020) and common-law marriages (RSMo 451.040).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Missouri's declaration of invalidity of marriage under RSMo 452.300 and 452.335, the void-marriage statutes in RSMo 451.020, 451.030 and 451.040, the marriage-age rule in RSMo 451.090, and the paternity presumption in RSMo 210.822. It covers voidable grounds such as fraud or duress only through the court standards summarized below, and it does not cover property division in an invalidity case, religious annulment, or other states' law. For ending a valid marriage, see Missouri divorce laws.
Can you get an annulment in Missouri?
Yes, but Missouri's statutes rarely use the word. No section in chapters 451 and 452 of the Revised Statutes of Missouri is titled as an annulment statute. Instead, RSMo 452.300.2 lists three kinds of cases filed the same way:
"A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled: "In re the Marriage of ______ and ______"."
The maintenance statute, RSMo 452.335.1, separately refers to "a proceeding for nonretroactive invalidity." The Missouri courts' case-type list groups these cases under one heading: "Legal Separation/Annulment/Separation Maintenance."
Void marriages in Missouri
Three statutes in chapter 451 declare certain marriages void.
| Marriage | What the statute says | Statute |
|---|---|---|
| Bigamous (a spouse was already married) | Void, "unless the former marriage shall have been dissolved" | RSMo 451.030 |
| Between close relatives | "Presumptively void" | RSMo 451.020 |
| Where a party lacks capacity to enter a marriage contract | "Presumptively void" | RSMo 451.020 |
| Common-law marriage | "Null and void" | RSMo 451.040 |
A spouse who was already married
RSMo 451.030 provides: "All marriages, where either of the parties has a former wife or husband living, shall be void, unless the former marriage shall have been dissolved."
Close relatives and lack of capacity
RSMo 451.020 provides:
"All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, between uncles and nieces, aunts and nephews, first cousins, and between persons who lack capacity to enter into a marriage contract, are presumptively void"
The statute says "presumptively void," not simply void. The section goes on to set out an exception involving court approval, which this page does not cover. Ask a Missouri lawyer how the presumption and the exception apply to a particular marriage.
Common-law marriage and officiant problems
Under RSMo 451.040, "Common-law marriages shall be null and void." For how Missouri treats informal unions, including those formed in other states, see Missouri common-law marriage.
The same section protects some couples whose ceremony had a technical defect. Under RSMo 451.040.6, a marriage solemnized by a person who lacked authority is not invalid if it was consummated in the good-faith belief that it was a lawful marriage.
Fraud, duress and other voidable grounds
The sections of chapters 451 and 452 covered here do not list grounds such as fraud, duress, impotence or lack of age as reasons to declare a marriage invalid. They also do not set who may file on those grounds, any filing deadline, or what bars a claim, including whether a claim survives the death of a spouse.
Missouri courts recognize these grounds through case law. The Missouri Court of Appeals has described a voidable marriage as one that "results from fraud, error, duress, or other imperfect consent" (Glass v. Glass, 546 S.W.2d 738 (Mo. App. 1977), citing the Missouri Supreme Court's decision in Henderson v. Ressor, 265 Mo. 718 (1915)).
The standard is demanding. In Blair v. Blair, 147 S.W.3d 882 (Mo. App. W.D. 2004), a case about a husband's petition to annul for fraud, the Court of Appeals repeated that annulment "must be granted only upon extraordinary facts," that a marriage will not be declared invalid "except upon clear, cogent and convincing proof," and that the fraud must be "vital to the marriage relationship."
This page does not cover who may file on these grounds or any time limit. A Missouri family lawyer can explain whether a specific marriage can be declared invalid.
Missouri's marriage age: no licenses under 18
RSMo 451.090.1 now provides: "No recorder shall issue a license authorizing the marriage of any male or female under eighteen years of age." Applicants must show proof of age, such as a certified birth certificate, a passport or a government-issued ID.
The section's history lists amendments by S.B. 655 (2018) and by H.B. 737 & 486, merged with S.B. 43 (2025), with the current version effective August 28, 2025. This page does not describe the rules that applied before that date.
The statute restricts who may receive a license. This page does not cover whether a marriage entered in violation of an age rule is void or voidable; ask a Missouri lawyer.
How to file a declaration of invalidity in Missouri
The case is filed in circuit court and captioned "In re the Marriage of ______ and ______" (RSMo 452.300.2). Under RSMo 452.300.5, venue lies in the county where the petitioner or the respondent lives.
Missouri's 90-day residency rule in RSMo 452.305 is written for dissolution and legal separation judgments. This page does not cover whether it applies to a declaration of invalidity. Ask the circuit clerk or a Missouri lawyer before filing.
Children, maintenance and property after an invalidity case
Children
RSMo 210.822.1 presumes a man is a child's father if the child is born during the marriage, or "within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or dissolution." The presumption also reaches some attempted marriages entered in apparent compliance with the law. Custody and support follow their own rules; see Missouri child custody laws.
Maintenance (spousal support)
RSMo 452.335.1 lets the court award maintenance in "a proceeding for nonretroactive invalidity, dissolution of marriage or legal separation," but only if it finds the spouse seeking maintenance lacks sufficient property to provide for reasonable needs and is unable to support himself or herself through appropriate employment or is the custodian of a child.
Property
Missouri's property-division statute, RSMo 452.330, refers to dissolution and legal separation and does not name invalidity. This page does not cover whether or how a court divides property when it declares a marriage invalid, or whether Missouri protects a spouse who married in good faith without knowing of a defect beyond the officiant rule above.
Annulment vs. divorce in Missouri
A declaration of invalidity establishes that a marriage was legally defective. A dissolution of marriage, Missouri's term for divorce, ends a valid marriage. For grounds, residency and procedure, see Missouri divorce laws. To order a copy of a marriage record, see Missouri marriage and divorce records.
A church annulment and a court annulment are separate processes. A religious annulment does not change a marriage's legal status, and a court declaration of invalidity does not decide religious questions.
Disclaimer: This article provides general legal information about annulment and declarations of invalidity under Missouri law (RSMo 451.020, 451.030, 451.040, 451.090, 452.300, 452.335 and 210.822), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Missouri or ask the circuit clerk in your county about filing procedures.
Related
- Annulment laws in every state
- Missouri divorce laws
- Missouri common-law marriage
- Missouri child custody laws
- Missouri marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
Does Missouri allow annulments?
Yes. Missouri statutes call it a declaration of invalidity of marriage, filed in circuit court under the caption In re the Marriage of the two spouses (RSMo 452.300.2).
What marriages are void in Missouri?
Bigamous marriages are void unless the earlier marriage was dissolved (RSMo 451.030), marriages between close relatives or by a person lacking capacity are presumptively void (RSMo 451.020), and common-law marriages are null and void (RSMo 451.040).
Is first-cousin marriage legal in Missouri?
RSMo 451.020 lists marriages between first cousins among those that are presumptively void.
Can you annul a marriage for fraud in Missouri?
The statutes do not list fraud as a ground, but Missouri case law recognizes it where the fraud is vital to the marriage relationship and is proven by clear, cogent and convincing evidence (Blair v. Blair, Mo. App. W.D. 2004); ask a Missouri family lawyer about a specific situation.
Can you get spousal support after an annulment in Missouri?
RSMo 452.335.1 allows maintenance in a proceeding for nonretroactive invalidity if the court finds the requesting spouse lacks sufficient property for reasonable needs and cannot self-support through appropriate employment or is a child's custodian.
What is the minimum marriage age in Missouri?
Eighteen. RSMo 451.090.1, in the version effective August 28, 2025, bars recorders from issuing a marriage license to anyone under 18.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXX (DOMESTIC RELATIONS), Chapter 452
§ 452.300Procedure and venue.In force
1. The rules of the supreme court and other applicable court rules shall govern all proceedings pursuant to sections 452.300 to 452.415. 2. A proceeding for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be entitled: "In re the Marriage of ______ and ______". 3. The initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated a "petition" and the responsive pleading in an original proceeding shall be denominated an "answer". Other pleadings in an original proceeding and all pleadings in other proceedings pursuant to sections 452.300 to 452.415 shall be denominated as provided in the rules of the supreme court and other applicable court rules. 4. Any party who files the initial pleading in an original proceeding pursuant to sections 452.300 to 452.415 shall be denominated the "petitioner" and any party who is required to file or who files a responsive pleading in an original proceeding shall be denominated the "respondent". Each party shall retain such denomination from the original proceeding in any other proceedings pursuant to sections 452.300 to 452.415.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Revised Statutes of Missouri, Title XXX (DOMESTIC RELATIONS), Chapter 451
§ 451.030Bigamous marriage void.In forcecited in 2 of our articles
All marriages, where either of the parties has a former wife or husband living, shall be void, unless the former marriage shall have been dissolved.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Also relied on in: Missouri Marriage License Requirements 2026: Fees, Age 18, Online
§ 451.020Certain marriages prohibited — official issuing licenses to certain persons guilty of misdemeanor.In forcecited in 3 of our articles
All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, between uncles and nieces, aunts and nephews, first cousins, and between persons who lack capacity to enter into a marriage contract, are presumptively void; and it shall be unlawful for any city, county or state official having authority to issue marriage licenses to issue such marriage licenses to the persons heretofore designated, 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 deemed guilty of a misdemeanor; and this prohibition shall apply to persons born out of lawful wedlock as well as those in lawful wedlock. It shall be presumed that marriages between persons who lack capacity to enter into a marriage contract are prohibited unless the court having jurisdiction over such persons approves the marriage.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- State Ex Rel. Miesner v. Geile (Missouri Court of Appeals 1988, 747 S.W.2d 757)“…tor’s brother. Clerk based her decision on the authority of § 451.020, RSMo 1986. The issue before us is whether th…”
- Loving v. Virginia (Supreme Court of the United States 1967, 388 U.S. 1)“…Art. 14, §263, Miss. Code Ann. §459 (1956); Missouri, Mo. Rev. Stat. §451.020 (Supp. 1966); North Carolina, N. C. Co…”
- EVERETTS v. Apfel (District Court, E.D. Missouri 1999, 63 F. Supp. 2d 1020)“…ties lacked the capacity to contract under state law. See Mo.Rev. Stat. § 451.020. While a minor generally lacks the capa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Missouri: Is It Recognized? (2026)
§ 451.090Issuance of license prohibited, when — proof of age.In forcecited in 4 of our articles
1. No recorder shall issue a license authorizing the marriage of any male or female under eighteen years of age. 2. The recorder shall state in every license whether the parties applying for same are of age. Applicants shall provide proof of age to the recorder in the form of a certified copy of the applicant's birth certificate, passport, or other government-issued identification, which shall then be documented by the recorder.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2005
Opinions citing this section in our collection:
- Byers v. Lemay Bank & Trust Company (Supreme Court of Missouri 1955, 365 Mo. 341)“…we have considered minors responsible for their marriage, Section 451.090 RSMo 1949, V.A.M.S.; State v. Bittick, 103…”
- Opinion No. 139-76 (1976) (Missouri Attorney General Reports 1976)“…ng parent to appear before the Recorder" Subsection 2 of Section 451.090 , RSMo Supp. 1975, provides: "And…”
- Roper v. Simmons (Supreme Court of the United States 2005, 543 U.S. 551)“…ts must be 17) Missouri 18 Mo. Rev. Stat. § 451.090 (2000) Montana 18 Mont. Co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Ends Child Marriage at 18, Closing a Long-Standing Path to Emancipation, Missouri Emancipation Laws: How Minors Become Emancipated in Missouri (2026)
Revised Statutes of Missouri, Title XII (PUBLIC HEALTH AND WELFARE), Chapter 210
§ 210.822Presumption of paternity — rebuttal of presumption, standard of proof.In forcecited in 2 of our articles
1. A man shall be presumed to be the natural father of a child if: (1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or dissolution, or after a decree of separation is entered by a court; or (2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or may be declared invalid, and: (a) If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or dissolution; or (b) If the marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; or (3) After the child's birth, he and the child's natural mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the marriage is or may be declared…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2007
Opinions citing this section in our collection:
- State Ex Rel. Division of Child Support Enforcement v. Hill (Missouri Court of Appeals 2001, 53 S.W.3d 137)“…defined in subdivisions (1), (2), or (3) of subsection 1 of § 210.822, RSMo Supp. 1988. Subdivisions (1), (2), and…”
- Poole Truck Lines, Inc. v. Coates (Missouri Court of Appeals 1992, 833 S.W.2d 876)“…e paternity where there is a presumption of paternity under RSMo 210.822, no presumption exists in this case. Pa…”
- In Interest of D____ L____ C____ (Missouri Court of Appeals 1992, 834 S.W.2d 760)“…ect case which would have given rise to a presumption under § 210.822, RSMo Supp.1987, that Appellant was D______'s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Pregnancy-Divorce Law Change Takes Effect August 28, 2026
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Sources and References
- RSMo 452.300, Revisor of Statutes, State of Missouri(revisor.mo.gov).gov
- RSMo Chapter 451 (section list), Revisor of Statutes(revisor.mo.gov).gov
- RSMo Chapter 452 (section list), Revisor of Statutes(revisor.mo.gov).gov
- RSMo 452.335, Revisor of Statutes(revisor.mo.gov).gov
- Missouri Courts case-type list (Legal Separation/Annulment/Separation Maintenance)(courts.mo.gov).gov
- RSMo 451.030, Revisor of Statutes(revisor.mo.gov).gov
- RSMo 451.020, Revisor of Statutes(revisor.mo.gov).gov
- RSMo 451.040, Revisor of Statutes(revisor.mo.gov).gov
- RSMo 451.090, Revisor of Statutes(revisor.mo.gov).gov
- RSMo 452.305, Revisor of Statutes(revisor.mo.gov).gov
- RSMo 210.822, Revisor of Statutes(revisor.mo.gov).gov
- RSMo 452.330, Revisor of Statutes(revisor.mo.gov).gov
- Glass v. Glass, 546 S.W.2d 738 (Mo. App. 1977) (Caselaw Access Project)(static.case.law)
- Henderson v. Ressor, 265 Mo. 718 (1915) (Caselaw Access Project)(static.case.law)
- Blair v. Blair, 147 S.W.3d 882 (Mo. App. W.D. 2004) (Caselaw Access Project)(static.case.law)