Kara Sears
Kansas is one of the few US states that recognizes common-law marriages. However, it does not explicitly define common-law marriages in its laws. Instead, the state's recognition of such marriages is based on legal precedents established through court decisions. To be considered a common-law marriage in Kansas, couples must meet specific requirements, including both parties being at least 18 years old, having the mental capacity to marry, and publicly presenting themselves as spouses. While cohabitation is not required, it can help demonstrate a shared life as a married couple. In the case of a separation or divorce, common-law married couples in Kansas must go through a legal process similar to that of formally married couples. This includes formal legal divorce proceedings and addressing issues such as property division, child custody, and support.
Common Law Marriage in Kansas
| Characteristics | Values |
|---|---|
| Recognition | Common-law marriage is recognized in Kansas and is treated with the same legal respect as ceremonial marriages. |
| Requirements | Both parties must be at least 18 years old, not closely related, unmarried, and have the mental and physical capacity to marry. They must also have a mutual and present agreement to be considered husband and wife, live together continuously, and publicly declare their marital status. |
| Proof | Couples may need to provide proof of their common-law marriage, such as presenting themselves as married, wearing wedding bands, having joint memberships, or signing an Affidavit of Common Law Marriage. |
| Separation | Common-law marriages can be legally separated or divorced, and the same family law statutes apply as in traditional marriages. The process involves listing the terms and conditions of the separation in a written agreement. |
| Protection | Kansas law protects individuals in romantic relationships, even if they do not meet the threshold for marriage. For example, partners can go to court to make decisions about children, and victims of domestic abuse are entitled to legal protection. |
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What You'll Learn
Common-law marriage requirements in Kansas
Kansas is one of seven US states that legally recognize common-law marriages. The other six are Texas, Oklahoma, Montana, Iowa, Rhode Island, and Colorado. However, the recognition of common-law marriage in Kansas is based on legal precedents established through court decisions, not explicitly defined in laws. This means that as new cases arise and legal interpretations evolve, the precedents surrounding common-law marriage may be subject to change.
To establish a common-law marriage in Kansas, certain key elements must be fulfilled. Both parties must be at least 18 years old and have the mental and physical capacity to enter a marriage. There should be no legal barriers to marriage, such as a previous marriage that has not been legally dissolved.
Another requirement is that both parties must have a mutual and present agreement to be considered husband and wife. This agreement is the cornerstone of establishing a common-law marriage in Kansas. Couples must publicly declare their marital status, consistently presenting themselves as a married couple to family, friends, and the public. This can be done in several ways, such as referring to each other as spouses, sharing a last name, having a family together, and financially supporting each other.
While cohabitation is not required in Kansas for a common-law union to be legally recognized, living together can help demonstrate a shared life as a married couple. There is no specific duration required for cohabitation to validate the marriage.
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Separation agreement
Kansas is among a minority of states that continues to allow common-law marriages. Common-law marriages are recognised in Kansas and are treated with the same legal respect as ceremonial marriages. In the case of a separation, couples must undergo formal legal divorce proceedings.
A separation agreement is a legally binding contract that remains in effect until a court modifies or terminates it. It is a private agreement between spouses who are divorced, about to divorce, or pursuing alternatives to divorce. It contains established stipulations that address concerns relating to the separation, such as which spouse is liable for particular bills, which spouse will remain in the shared home, and where and with whom any children will live.
A typical separation agreement covers the terms of how the split will occur, how the court will distribute property, and whether a spouse is obligated to provide spousal support. The court encourages couples to work together to create the best settlement for their family, and if a proposed agreement is presented to the court, the judge will approve it if it is valid, fair, and just to both spouses. The contract should contain provisions that address property and debt division, spousal support, and a parenting plan. However, the court has the final say on any matters that impact legal custody, residency, visitation, parenting time, and child support.
While the law permits spouses to represent themselves in a legal separation or divorce, the rules are complicated and always changing. If you are not confident in your ability to interpret the laws, you should hire an experienced family law attorney.
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Legal separation vs. divorce
Kansas is among a minority of states that continues to allow common-law marriages. To be considered a common-law marriage in Kansas, a couple must meet specific requirements, including both parties being at least 18 years old, having the mental capacity to marry, and publicly presenting themselves as married. In the case of a separation or divorce, a couple must go through a legal process to divide their property and address matters of child custody and support.
Now, here's a comparison of legal separation and divorce:
Legal Separation
A legal separation is when a married couple decides to live separately but remains legally married. It is a court order that outlines the rights and duties of the couple while they are still married but living apart. The couple can still benefit from insurance and financial benefits, like filing taxes jointly. Legal separation can be a good option for those who are unsure about ending their marriage or are unable to go through a divorce for religious reasons. It can also be less expensive than a divorce and provide similar protection for finances. However, it is not a permanent solution, and some states do not recognize legal separations.
Divorce
A divorce is the legal dissolution of a marriage, which means the court terminates the marriage's legal bond and divides the couple's assets and liabilities. It completely severs the connection between the spouses, including the ability to make medical or financial decisions for each other. A divorce can be expensive, and the couple may need to spend time and money on legal fees. However, it provides a clean break and allows individuals to remarry.
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Common-law divorce proceedings
Kansas is among a minority of states that continues to allow common-law marriages. A common-law marriage in Kansas is recognised and treated with the same legal respect as ceremonial marriages. In the case of a separation, couples must undergo formal legal divorce proceedings, similar to ceremonial marriages.
Establishing a Common-Law Marriage in Kansas
To establish a common-law marriage in Kansas, three elements must be concurrently present:
- Actual and mutual agreement: Both parties must have a mutual and present agreement to be considered husband and wife.
- Continuous cohabitation: Couples should live together as a married couple, but there is no specific duration required to validate the marriage.
- Public declaration: The couple must publicly declare their marital status, consistently presenting themselves as a common-law married couple to family, friends, and the public. This can be shown in many ways, such as referring to each other as spouses, having a family together, sharing a last name, and emotionally and financially supporting each other and their families.
In the case of a separation, couples in a common-law marriage must undergo formal legal divorce proceedings, similar to those in a ceremonial marriage. The court will handle matters like property division, child custody, child support, and alimony. Each partner's rights are meticulously considered to ensure a fair outcome.
There is no mandatory period of separation required before filing for divorce in Kansas. However, at least one of the parties must have resided in the state for at least 60 days before filing for divorce. The court has jurisdiction to grant the divorce once the petition has been on file for 60 days, and a decree of divorce can be issued no less than 60 days from the date of filing.
It is advisable to hire an attorney to represent your interests in a divorce, although it is not mandatory. The cost of a divorce varies widely depending on the unique financial situation of the couple.
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Common-law marriage misconceptions
Kansas is among a minority of states that continue to allow common-law marriages. However, there are several misconceptions surrounding the concept of common-law marriages.
One of the most common misconceptions is that merely living together for a specific duration automatically grants a couple the same legal status as a ceremonial marriage. This is not true, as there are specific requirements that must be met for a common-law marriage to be recognised. These requirements include the mutual agreement of both parties to be considered husband and wife, continuous cohabitation, and a public declaration of their marital status. It is important to note that there is no specific time requirement for a couple to be considered in a common-law marriage in Kansas.
Another misconception is that common-law marriages are only recognised in certain states or countries. While it is true that not all jurisdictions permit common-law marriages, those that do will typically respect the validity of such marriages lawfully entered into in other states or countries. For example, Kansas recognises existing common-law marriages established in other states, provided they meet the legal standards of that state.
Furthermore, some people believe that common-law marriages are only for couples who prefer not to label their relationship as "married" but still want to enjoy the benefits that come with it. However, this is not always the case, as common-law marriages provide legal recognition to couples who, for various reasons, cannot or choose not to undergo a formal wedding ceremony. Same-sex couples, for instance, have used common-law marriages to validate their relationships even before the nationwide legalisation of same-sex marriage.
Additionally, there is a misconception that ending a common-law marriage is as simple as walking away. However, this is not the case, as common-law marriages are legally binding and can only be terminated by divorce or death. In the case of separation, couples must go through formal legal divorce proceedings, where the court will consider each partner's rights to ensure a fair outcome.
Finally, it is important to note that the burden of proof for establishing a common-law marriage falls on the person asserting it. This can be challenging, as it may be difficult to prove that all the requirements for a common-law marriage have been met. In some cases, seeking legal advice or consulting a family law attorney may be necessary to navigate the complexities of common-law marriages and ensure that one's relationship is legally protected.
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Frequently asked questions
Yes, Kansas is among a minority of states that continue to allow common-law marriages.
There are three requirements that must be met concurrently: both parties must have a mutual and present agreement to be considered husband and wife, they must live together continuously, and they must publicly declare their marital status.
The burden of proof falls on the person asserting the marriage. The Attorney General for Kansas has prepared an Affidavit of Common Law Marriage which is a sworn statement that you and your spouse can fill out if you want to name each other as dependents.
Common-law separation in Kansas is the same as the process for a legally recognised marriage. Couples must undergo formal legal divorce proceedings, and each partner's rights are meticulously considered to ensure a fair outcome.
The application should contain essential information including each spouse's name, birthday, address, the date of the wedding, and the date the separation began. You must also demonstrate that at least one spouse has lived in Kansas for a minimum of 60 days before filing.
