Keith Mack
Common-law marriage in Kansas is a legally recognised union between two people without a formal ceremony or marriage license. Couples in a common-law marriage have the same legal rights and obligations as those in formal marriages, including the requirement to obtain a divorce to dissolve the marriage. To establish a common-law marriage in Kansas, couples must meet specific requirements, including both parties being of sound mind, unmarried, not closely related, and over the age of 18, with a present agreement or intent to be married. They must also publicly present themselves as a married couple, which can include using the same last name, referring to each other as spouses, filing joint tax returns, or owning property together. While Kansas is one of the few states that continue to allow common-law marriage, it is important for couples to understand the legal implications and seek guidance if needed.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Yes, Kansas is one of the few states that continue to allow common-law marriage. |
| 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 mutually consent to be married and publicly present themselves as a married couple. |
| Proof of marriage | There is no minimum time for cohabitation required to prove a common-law marriage. Couples can sign documents, use the same last name, refer to each other as spouses, file joint tax returns, open joint bank accounts, or own property together. |
| Legal rights and obligations | Common-law marriages have the same legal rights and obligations as formal marriages, including property rights, inheritance rights, and child custody and support in the event of divorce or death. |
| Dissolution | Common-law marriages can only be dissolved through divorce or death, following the same legal process as formal marriages. |
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![Laws Relating to the Common Schoos of Kansas ... Comp. under the Direction of ... [The] State Superintendent of Public Instruction. 1911. (1911) [Leather Bound]](https://m.media-amazon.com/images/I/61FbOFgXaEL._AC_UY218_.jpg)
What You'll Learn
Mutual agreement to be married
Both parties must be unmarried, not closely related, and be of sound mind and body, as well as being over the age of 18. This capacity to marry is a legal requirement, and those under 18 or suffering from a mental incapacity are unable to enter into a common-law marriage in Kansas.
The agreement to be married should be reflected in the couple's actions and intentions. For example, referring to each other as husband and wife, or taking each other's last names, can be seen as evidence of a mutual agreement to be married.
While cohabitation is not a requirement in Kansas, living together and sharing a life can help demonstrate a couple's intent to be married and contribute to their case. Other actions that can help establish a couple's intent include filing joint tax returns, opening joint bank accounts, and joint ownership of property.
It is important to note that simply living together, having children together, or being in a long-term relationship does not automatically constitute a common-law marriage. The mutual agreement to be married, along with the public presentation of the relationship as a marriage, are crucial elements in establishing a common-law marriage in Kansas.
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![Laws Relating to the Common School of Kansas, Including Official Opinions and Suggestions to School Officers. Comp. under Direction of W.D. Ross, State Superintendent of Public (1915) [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Public presentation as spouses
- Using the same last name
- Referring to each other as husband and wife
- Filing joint tax returns
- Having a joint bank account
- Joint ownership of property
These actions help establish the couple's intent to be married in the eyes of the community. It is worth noting that simply living together for a long period of time or having children together does not necessarily constitute a common-law marriage.
To be considered common-law married in Kansas, a couple must mutually consent to be married and "hold themselves out as spouses" to the public. This means that they must present themselves as a married couple to their friends, family, and the wider community. If the people in their lives would describe them as married, this can be seen as evidence of a common-law marriage.
While it is not a requirement, having a written agreement can be helpful. For example, mutual Facebook status changes are often used as proof of a couple's intent to be married.
In summary, public presentation as spouses is a key factor in establishing a common-law marriage in Kansas. Couples must take active steps to present themselves as married to the community and demonstrate their mutual agreement to be married.
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Legal eligibility to marry
Kansas is one of the few states that continues to allow common-law marriages. However, there are specific requirements that must be met for a common-law marriage to be legally valid.
Firstly, both parties must be eligible to marry. This means that there can be no legal impediment or bar to the marriage. Specifically, both parties must be unmarried, not closely related, and be 18 or older. In addition, both parties must have the mental and physical capacity to marry.
Secondly, the couple must have a "present agreement" or "present intent" to be married. This means that both parties must show that they intend to be married in the present, not at some point in the future. This agreement does not have to be in writing, but it must be clear that both parties intend to be married.
Thirdly, the couple must "hold themselves out as spouses" to the public. This means that they must publicly present themselves as a married couple. This can include using the same last name, referring to each other as husband and wife, filing joint tax returns, opening joint bank accounts, and owning property together.
It is important to note that simply living together or having children together does not establish a common-law marriage. The relationship must meet the legal requirements outlined above and may be subject to interpretation by the courts.
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Rights and obligations of common-law spouses
Common-law marriage in Kansas grants couples the same legal rights and responsibilities as formally married couples. However, it is important to note that common-law marriages are not recognised in all states, so if you are planning to move away from Kansas, it is advisable to consult a family law attorney.
To establish a common-law marriage in Kansas, both parties must meet the following requirements:
- Both parties must be at least 18 years old, not be closely related, not be married to someone else, and have the mental and physical capacity to marry.
- Both parties must have a "present agreement" or mutual consent to be married. This can be a verbal agreement, but it must be clear and intentional.
- The couple must "hold themselves out as spouses" to the public, presenting themselves as a married couple. This can include using the same last name, referring to each other as spouses, having a family together, emotionally and financially supporting each other, and filing joint tax returns.
Once a common-law marriage is established, couples have the same rights and obligations as formally married couples, including:
- Property rights and debt responsibilities: Both spouses have rights to marital property and debts incurred during the marriage.
- Inheritance rights: Spouses in common-law marriages have inheritance rights under Kansas law.
- Spousal support: In the event of a separation, one spouse may be entitled to spousal support or alimony.
- Parental responsibilities: If the couple has children, both parents have legal responsibilities for their care and support, including child custody and support arrangements.
- Healthcare benefits: Spouses can access each other's healthcare benefits and make medical decisions on behalf of their spouse.
To dissolve a common-law marriage in Kansas, couples must go through the same legal divorce process as formally married couples, including filing a petition, serving the petition, dividing property and debts, determining child custody and support, and finalizing the divorce.
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Termination of a common-law marriage
Common-law marriages in Kansas are legally recognised and provide couples with the same legal rights and obligations as formal marriages. However, to terminate a common-law marriage, couples must go through the same divorce process as those who are formally married.
Divorce Process
Firstly, one spouse must file a petition for divorce in the appropriate court. This petition must then be served to the other spouse. The court will then divide marital property and debts. If children are involved, the court will determine custody arrangements and child support. Once all issues are resolved, the court will issue a final divorce decree.
Termination by Death
Aside from divorce, a common-law marriage can only be terminated by the death of one of the spouses.
Termination by Moving State
It is important to note that some states do not recognise common-law marriage. Therefore, if you are planning to move away from Kansas, it is advised that you contact an experienced family law attorney for advice.
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Frequently asked questions
A common-law marriage is a marriage based on the agreement of two persons without any formal ceremony or license.
Both parties must be at least 18 years old, not be closely related, and have the mental and physical capacity to marry. They must also mutually consent to be married and publicly present themselves as a married couple.
You can prove a common-law marriage by providing evidence of your mutual agreement to be married and your public presentation as a married couple. This can include using the same last name, referring to each other as spouses, filing joint tax returns, or owning joint property.
Common-law marriages in Kansas provide couples with the same legal rights and obligations as formal marriages. This includes rights to marital property and debts, inheritance rights, and the requirement to go through the divorce process to terminate the marriage.
Dissolving a common-law marriage in Kansas follows the same legal process as a formal marriage. This includes filing a petition for divorce, serving the petition to the other spouse, dividing property and debts, determining child custody and support, and finalizing the divorce through a court decree.
