Anaya Nolan
Kansas is one of the few states that continues to allow common-law marriages. Common-law marriages in Kansas are legally recognised and provide couples with the same legal rights and obligations as formal marriages. However, ending a common-law marriage in Kansas is similar to ending a traditional marriage. Like traditional marriages, only divorce or death ends a common-law marriage. The same Kansas family law statutes that dictate things like division of assets and debts, child custody and support, and spousal maintenance also apply to ending common-law marriages.
| Characteristics | Values |
|---|---|
| Number of states that allow common law marriage | 9 |
| Requirements for common law marriage in Kansas | Both parties must have the capacity to marry, i.e., there is no legal impediment or bar to the marriage; the couple must have a "present agreement" to marry; they must publicly hold themselves out to be married; they must be legally eligible to marry. |
| Recognition of common law marriages from other states | Yes, as long as they meet the legal standards required by the other state |
| Requirements to prove common law marriage | Mutual agreement to be married, public presentation of the relationship as a marriage, cohabitation, use of the same last name, filing joint tax returns, opening joint bank accounts, joint ownership of property |
| Obligations of couples in common law marriages | Generally the same as those in formal marriages, including financial support, debt responsibility, and parental responsibilities |
| Rights of spouses in common law marriages | Inheritance rights, spousal support or alimony in case of separation |
| End of common law marriage | Divorce or death |
| Process of dissolving a common law marriage | Same legal process as dissolving a formal marriage |
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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
Common law marriage requirements in Kansas
Kansas is one of the few states that continues to allow common-law marriage. Common-law marriages are legally recognised in Kansas, and couples who meet the state's criteria have the same legal protections and obligations as those who are formally married.
To establish a valid common-law marriage in Kansas, the following requirements must be met:
Mutual Agreement
Both parties must have a mutual and present agreement to be married. This agreement can be verbal, as long as it is clear and the parties intended to be married. However, having written documentation can be helpful in proving the existence of a common-law marriage if it is ever questioned.
Public Presentation
The couple must publicly present themselves as a married couple. This can include using the same last name, referring to each other as husband and wife, and filing joint tax returns. Public presentation is a crucial element of common-law marriage, as couples must demonstrate their intent to be married in the eyes of the community.
Capacity to Marry
Both parties must have the capacity to marry, meaning there must be no legal impediment or bar to the marriage. This includes not being closely related, not being married to someone else, being at least 18 years old, and having the mental and physical ability to marry.
Cohabitation
While not a requirement, cohabitation can help validate the marriage. Living together as a married couple can demonstrate a shared life, even though it is not essential for the common-law union to be legally recognised.
It is important to note that the requirements for common-law marriage in Kansas may change over time, and seeking legal advice is crucial to understand the current standards and protect one's interests.
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Divorce or death as the only ways to end a common-law marriage
Kansas is one of the few states that continues to allow common-law marriages. Common-law marriages are legally recognised in Kansas, and they carry the same rights and obligations as formal marriages.
A common-law marriage is a marriage by agreement of two persons without any formal ceremony or license. To establish a valid common-law marriage in Kansas, the couple must meet specific criteria. Firstly, both parties must have the capacity to marry, meaning there is no legal impediment or bar to the marriage. This means that the spouses cannot be closely related, cannot be married to someone else, must be of sound mind, and must be at least 18 years old. Secondly, the parties must have a "present agreement" or "present intent" to be married in the present, not just a promise or intention to marry in the future. This agreement can be verbal, but it must be clear and intentional.
Once a common-law marriage is established, it can only be terminated by divorce or death. Legal separation may also be an option, but the couple must still go through the court-approved division of assets and debts, child custody and support, and spousal maintenance. A court-ordered divorce is required to end the marriage, and the same family law statutes that govern alimony, division of property, and other matters in traditional marriages also apply to common-law marriages.
It is important to note that simply living together or having children together does not constitute a common-law marriage. To prove the existence of a common-law marriage, public presentation of the relationship as a marriage is crucial. This can be demonstrated through cohabitation, using the same last name, filing joint tax returns, opening joint bank accounts, or owning property together.
If you are considering ending a common-law marriage, it is recommended to seek legal advice from a family law attorney to understand your rights and obligations and to navigate the complexities of divorce or separation.
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The need for a court-ordered divorce
Kansas is one of the few states that continues to allow common-law marriages. Common-law marriages are recognised based on the couple's actions and intentions, rather than a formal ceremony and marriage license.
To establish a valid common-law marriage in Kansas, the couple must meet three requirements: both parties must have the capacity to marry, they must demonstrate a mutual agreement or intent to be married, and they must publicly present their relationship as a marriage. This can be done through cohabitation, using the same last name, filing joint tax returns, opening joint bank accounts, and joint ownership of property.
Since common-law marriages are legally recognised in Kansas, they are subject to the same legal obligations and privileges as marriages with licenses. This includes inheritance rights, spousal support, financial support, debt responsibility, and parental responsibilities.
When it comes to ending a common-law marriage, it is important to note that it cannot be terminated simply by one person walking away. Like traditional marriages, a common-law marriage can only end upon divorce or death. The same family law statutes that govern the division of assets and debts, child custody and support, and spousal maintenance in traditional marriages also apply to the dissolution of common-law marriages in Kansas.
Therefore, if you are considering ending a common-law marriage in Kansas, you will need to obtain a court-ordered divorce. This process can be complex, and it is highly recommended to seek the advice and assistance of an experienced family law attorney to protect your interests, your children's interests, and your financial future. The burden of proof to establish a common-law marriage falls on the person asserting it, so having legal representation can help navigate the specific requirements and legal implications of your unique situation.
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Rights and obligations of spouses in a common-law marriage
In Kansas, common-law marriages are legally recognised, meaning that couples who meet the state's criteria for common-law marriage have the same legal protections and obligations as those who are formally married.
Rights of Spouses in a Common-Law Marriage
- Inheritance rights: Spouses in common-law marriages have inheritance rights under Kansas law.
- Spousal support: One spouse may be entitled to spousal support (alimony) in a separation.
- Financial support: Both spouses are responsible for supporting each other financially.
- Debt responsibility: Both spouses may be responsible for debts incurred during the marriage.
- Parental responsibilities: If the couple has children, both parents have legal responsibilities for their care and support.
- Health insurance: If the couple has children, they have the right to ask a judge to make decisions about their children's health insurance.
- Child support: If there are children involved, the court will determine custody arrangements and child support.
- Medical decision-making: Spouses can make medical decisions for each other.
Obligations of Spouses in a Common-Law Marriage
- Both spouses must be at least 18 years old and have the mental capacity to enter a marriage.
- There should be no legal barriers to marriage, for example, a previous marriage that has not been legally dissolved.
- The couple must mutually consent to be married and "hold themselves out as spouses" to the public.
- The couple must agree on the terms of their relationship and follow through on their agreements.
Ending a Common-Law Marriage in Kansas
Common-law marriages in Kansas can only end upon divorce or death. To terminate a common-law marriage, couples must go through the same divorce process as formally married couples, which includes filing a petition, serving the petition, dividing property and debts, determining child custody and support (if applicable), and finalizing the divorce.
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Proving a common-law marriage
Kansas is one of the few states that continue to allow common-law marriages. A common-law marriage is a marriage by agreement of two persons without any formal ceremony or license. A common-law marriage will be recognized in Kansas if the couple considers themselves to be married, publicly holds themselves out to be married, and are legally eligible to marry.
To prove a common-law marriage in Kansas, the following requirements must be met:
- Both parties must have the capacity to marry, meaning there is no legal impediment or bar to the marriage. The spouses cannot be closely related, cannot be married to someone else, must be old enough to marry, and must have the mental and physical ability to marry.
- The parties must have a "present agreement" to marry. This agreement can be verbal, as long as it is clear and the parties intended to be married. However, having written documentation can be helpful in proving the existence of a common-law marriage if it is ever questioned.
- The couple must publicly present themselves as married. This can be demonstrated through various actions, such as filing a joint tax return, having a joint bank account, or owning property together. These actions help establish the couple's intent to be married in the eyes of the community.
If you need to prove a common-law marriage in Kansas, it is recommended to consult with an experienced family law attorney who can guide you through the specific requirements and legal processes involved.
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