Keith Mack
Kansas is one of seven states that legally recognize common-law marriages. However, there are specific requirements that must be met for a common-law marriage to be valid. These include proving capacity to marry, demonstrating intent to be married, and holding themselves out to the public as married. While cohabitation is not required, it can help demonstrate a shared life. If a couple with a common-law marriage wishes to separate, they must go through the same divorce process as a couple with a ceremonial marriage.
| Characteristics | Values |
|---|---|
| Recognition | Common-law marriage is recognised in Kansas, but the recognition varies from state to state. |
| Legal status | Common-law marriages are 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 capacity to enter a marriage. They must also have a mutual and present agreement to be married and publicly hold themselves out as married. |
| Proof | Evidence such as joint tax returns, property ownership documents, and testimony from friends and family can help prove the existence of a common-law marriage. |
| Dissolution | Common-law marriages can only be dissolved through divorce or death, the same as ceremonial marriages. |
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What You'll Learn
Mutual agreement to be married
To establish a common-law marriage in Kansas, both parties must demonstrate a mutual agreement to be married. This agreement must be present and not a promise or intention to marry in the future. The agreement can be verbal, but it must be clear and intentional. Written documentation can also help prove the existence of a common-law marriage.
There are several ways to demonstrate a mutual agreement to be married. Firstly, both parties must be unmarried and not closely related. They must also be over the age of 18 and have the mental capacity to consent to a marriage.
Secondly, the couple must publicly present themselves as married. This can be done through cohabitation, using the same last name, filing joint tax returns, opening joint bank accounts, and owning property together. Wedding bands are also a common way for couples to publicly demonstrate their marriage.
Thirdly, the couple must agree on the terms of their relationship and follow through on their agreements. They should discuss their needs and fulfil the roles their partner expects from a spouse.
It is important to note that simply living together or having children together does not establish a common-law marriage. The mutual agreement to be married and the public presentation of the relationship as a marriage are key factors in proving a common-law marriage in Kansas.
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Public presentation of the relationship as a marriage
- Cohabitation: Living together as a married couple can help validate the marriage, but it is not required for the common-law union to be legally recognized in Kansas.
- Using the same last name: Filing documentation with the same last name or using the other's last name in public can be considered presenting as a married couple.
- Joint tax returns: Filing joint tax returns or joint income tax returns can be considered a public presentation of the relationship as a marriage.
- Joint bank accounts: Having a joint bank account can be considered holding themselves out as married to the public.
- Joint ownership of property: Owning property together or having both names on a deed can be considered presenting as a married couple.
- Wedding bands: Wedding bands are a common way for couples to publicly show they are married.
- Mutual Facebook status changes: While not required, mutual Facebook status changes to "married" or similar can be a convenient form of proof.
- Referring to each other as "my wife" or "my husband": Using spousal terms when referring to each other in public can be considered presenting as a married couple.
- Introduction as husband and wife: Introducing one another as husband and wife to friends, family, and the public can be considered a public presentation of the relationship as a marriage.
These actions help establish the couple's intent to be married in the eyes of the community and demonstrate that they hold themselves out as spouses. It is important to note that public presentation is just one aspect of proving a common-law marriage in Kansas, and other requirements, such as mutual agreement and legal eligibility, must also be met.
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Legal eligibility to marry
To be eligible to enter into a common-law marriage in Kansas, both parties must be at least 18 years old and have the mental capacity to consent to a marriage. This means that neither party can be currently married to another person, and the marriage must not be incestuous.
Kansas law does not specify a minimum amount of time a couple must live together to recognize a common-law marriage. However, cohabitation is a common way to demonstrate a shared life as a married couple and can contribute to a couple's case for common-law marriage. Other ways to demonstrate a shared life include filing joint tax returns, owning joint property, opening joint bank accounts, and using the same last name.
Public presentation as a married couple is a crucial element of common-law marriage in Kansas. Couples must demonstrate to the community that they are married through their actions and intentions. This can include referring to one another as "my wife" or "my husband," introducing one another as such, and being considered a married couple by the public, friends, and family.
While a common-law marriage contract is not required in Kansas, having a written agreement can be helpful in proving the existence of a common-law marriage. This agreement can be as simple as a mutual Facebook status change or a verbal agreement, as long as it is clear and intentional.
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Evidence of cohabitation
While cohabitation is not a requirement for common-law marriage in Kansas, living together can help validate the marriage and demonstrate a shared life. If you are looking to prove cohabitation as part of your case for common-law marriage, there are several things you can do.
Firstly, you can verify cohabitation by filing a joint tax return, having a joint bank account, or holding a deed with both names on it. Other evidence of cohabitation could include property ownership documents, joint bills, or joint rental agreements. Testimony from friends and family can also help prove cohabitation and that the couple presented themselves as married.
It is important to note that cohabitation alone is not enough to establish a common-law marriage. The couple must also prove that they had a mutual agreement to be married and that they had the capacity to marry. The mutual agreement to be married can be verbal, but written documentation can be helpful in proving the existence of a common-law marriage.
If you are looking to prove a common-law marriage in Kansas, it is always best to seek legal advice and stay updated on the latest developments, as the requirements may change over time.
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Testimony from friends and family
Friends and family can attest to the couple's mutual agreement to be married and their public presentation of the relationship as a marriage. This includes whether the couple referred to each other as "my husband" or "my wife", and whether they cohabitated, used the same last name, filed joint tax returns, opened joint bank accounts, or jointly owned property.
For example, in the case of Sullivan v. Sullivan, the Kansas Supreme Court considered the testimony of Henry Sullivan's three children, several of his neighbours, and his nephew, who all provided evidence that supported the court's finding of a common-law marriage. The court also took into account that Henry introduced the plaintiff, Hazel Walden, as his wife to the public and that she referred to herself as such, except on rare occasions.
In another case, Cain v. Cain, the plaintiff's testimony that she agreed to marry her partner was a significant factor in the court's finding of a common-law marriage.
Therefore, testimony from friends and family can provide crucial evidence of the couple's intentions and public presentation as a married couple, which are essential elements in proving a common-law marriage in Kansas.
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Frequently asked questions
The requirements for a common-law marriage in Kansas are:
- Both parties 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.
- Both parties must have a mutual and present agreement to be married.
- Both parties must publicly present themselves as married.
Evidence such as joint tax returns, property ownership documents, and testimony from friends and family can help prove the existence of a common-law marriage. The Attorney General for Kansas has prepared an Affidavit of Common Law Marriage, which is a sworn statement that you and your common-law spouse can fill out if you want to name each other as dependents.
Common-law marriages in Kansas are treated with the same legal respect as ceremonial marriages. Once a common-law marriage is established, the couple is entitled to the same legal rights and responsibilities as couples in formally recognized marriages.
