Section 2.10 Consummation—Incarcerated Person

• Library: Family Law Deskbook and 2014 Supp

5. (§2.10) Consummation—Incarcerated Person

Consummation of the marriage is not required to have a valid marriage. A convict, serving a term in the Missouri State Penitentiary, was legally held capable of entering into a valid marriage, even though the marriage was never consummated. In re Marriage of Burnside, 777 S.W.2d 660 (Mo. App. S.D. 1989). Burnside cites Zablocki v. Redhail, 434 U.S. 374 (1978), which declares that the right to marry is a fundamental and constitutional right that is not...