Cameron Miranda
Kansas is one of the few states that continues to allow common-law marriages. Common-law marriages are legally recognised in Kansas, and couples in such marriages have the same rights and obligations as couples in traditional marriages. To establish a common-law marriage in Kansas, couples must meet certain requirements, including being of sound mind and age (18 or older), not being closely related or married to someone else, and agreeing to be married in the present. They must also publicly present themselves as a married couple, which can be done by using the same last name, referring to each other as spouses, and filing joint tax returns. It is important to note that cohabitation is not a requirement for common-law marriage in Kansas, and there is no minimum duration for it. However, living together can contribute to a couple's case for common-law marriage.
| Characteristics | Values |
|---|---|
| Capacity to marry | Both parties must be at least 18 years old, be unmarried, not closely related, and have the mental and physical ability to marry. |
| Mutual agreement to be married | Both parties must have a "present agreement" to marry, meaning they intend to be married in the present, not the future. |
| Public representation of the marital relationship | The couple must "hold each other out" to their family, friends, and the community as a married couple. This can include using the same last name, referring to each other as spouses, signing documents reflecting that they're married, filing joint tax returns, etc. |
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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
- Both parties must be unmarried, unrelated, and 18 or over
- Both parties must have the mental and physical capacity to marry
- Both parties must have a present agreement to marry
- Both parties must hold themselves out to the public as married
- The couple must follow legal divorce proceedings to terminate the marriage
Both parties must be unmarried, unrelated, and 18 or over
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 recognised by the state. One of the key requirements is that both parties must be unmarried, unrelated, and 18 or over.
Firstly, both parties must be legally free to marry. This means that neither party can be currently married to someone else. If one party is already married, a common-law marriage cannot be established.
Secondly, both parties must not be closely related. The specific degree of relation that is prohibited may vary, but it typically includes close family members such as first cousins.
Thirdly, both parties must be at least 18 years of age. This age requirement is a specific statute codified into law in Kansas. Both parties must also have the mental and physical capacity to enter into a marriage. This means that they must be of sound mind and body and able to understand the nature and consequences of the marriage.
It is important to note that simply living together or having children together is not sufficient to establish a common-law marriage in Kansas. The relationship must also embody an intent to be part of a marital relationship. Both parties must have a "present agreement" or "mutual agreement" to be married, meaning they intend to be married in the present, not just sometime in the future. This agreement should be reflected in their behaviour as a married couple and their mutual recognition of each other as spouses.
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Both parties must have the mental and physical capacity to marry
To be recognised as a common-law marriage in Kansas, both parties must have the mental and physical capacity to marry. This means that both parties must be of sound mind and body, and not suffering from any mental or physical impairment that would prevent them from understanding the nature and effects of the marriage contract.
In addition to having the mental and physical capacity to marry, both parties must also be at least 18 years of age. This is a specific statute in Kansas law, which states that the state will not recognise a common-law marriage contract if either party is under the age of 18. This age requirement is one of the few laws codified into law regarding common-law marriage in Kansas.
It is important to note that both parties must also be legally free to marry. This means that neither party can be currently married to someone else, and there should be no other legal barriers to the marriage, such as being closely related. If either party is already married or there are other legal impediments, a common-law marriage cannot be established.
Kansas is one of only nine states that continue to allow and recognise common-law marriages. While there is no requirement for a formal ceremony or marriage license, couples must meet certain requirements for their union to be legally valid. These requirements include having the capacity to marry, mutually consenting to be married, and publicly presenting themselves as a married couple.
The public presentation of the relationship as a marriage is a crucial element of common-law marriage in Kansas. Couples must demonstrate their intent to be married through their actions and words, such as referring to each other as "husband", "wife", or "spouse", filing joint tax returns, sharing a last name, and emotionally and financially supporting each other. If the couple has a general reputation as being spouses in a marital relationship, this can be enough to satisfy the requirement.
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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)
Both parties must have a present agreement to marry
In Kansas, a couple must meet several requirements for their union to be legally valid as a common-law marriage. One of the critical elements is the mutual agreement to be married, also known as the \"present agreement\" to marry. This means that both parties must have a clear and present intention to be married, not just a desire or intention to marry in the future. The agreement can be verbal and does not need to be written down, but both spouses must demonstrate their intent through their actions and behaviour as a married couple.
The "present agreement" to marry is a fundamental aspect of common-law marriage in Kansas. It signifies that both individuals are consciously and intentionally choosing to enter into a marital relationship with each other in the present moment, rather than postponing it to an undefined future date. This agreement is essential because it forms the basis for legally recognising their union as a valid marriage.
To establish this "present agreement," both parties must exhibit behaviours that reflect their marital intentions. This includes referring to each other as "husband," "wife," or "spouse" in conversations with others. It also entails publicly presenting themselves as a married couple, such as using the same last name, filing joint tax returns, signing documents as a married couple, and generally conducting themselves in a way that puts the community on notice of their marital status.
The mutual agreement to be married is a critical component of common-law marriage in Kansas because it distinguishes it from simply cohabiting or having a romantic relationship. It indicates that the couple has moved beyond a casual or uncertain stage and has made a definitive decision to become spouses, with all the legal rights and obligations that come with marriage.
While cohabitation is not a requirement for common-law marriage in Kansas, living together and sharing a home can be additional evidence of the "present agreement" to marry. It demonstrates a level of commitment and shared life that supports the assertion of a mutual intention to be married. However, it is not necessary for a couple to live together to establish a common-law marriage, as the key factor is the public recognition of their relationship as a marriage.
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Both parties must hold themselves out to the public as married
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. For a common-law marriage to be legally recognised in Kansas, the couple must agree to be married and publicly represent themselves as married. This is sometimes referred to as "holding themselves out as spouses" to the public.
There are various ways that couples can publicly represent themselves as married. This includes referring to each other as "husband", "wife", or "spouse" when talking to other people, using the same last name, having a family together, sharing finances, and signing documents reflecting that they are married. Filing joint tax returns is another way to show that a couple is holding themselves out as married.
The public presentation of the relationship as a marriage is a crucial element of common-law marriage. This can be demonstrated through various actions that establish the couple's intent to be married in the eyes of the community. For example, if the couple has a general reputation as being spouses in a marital relationship, that can be enough to satisfy the requirement.
It is important to note that cohabitation is not a requirement for a common-law marriage in Kansas. While living together may help demonstrate a shared life as a married couple, it is not essential. There is no specific duration required for how long a couple must live together ("cohabitation") for their marriage to be legally recognised as a common-law marriage.
If a couple wishes to end their common-law marriage, they must go through a formal divorce, just like any other married couple. This involves filing a petition, serving the petition to the other spouse, and dividing property and assets.
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The couple must follow legal divorce proceedings to terminate the marriage
In Kansas, common-law marriages are recognised by the state, and couples who are common-law married have the same legal rights and protections as couples who are formally married.
To terminate a common-law marriage, couples must follow the same legal divorce proceedings as those who are formally married. This means that common-law spouses cannot simply walk away from the relationship; they must go through a formal divorce process.
The divorce process for common-law marriages in Kansas includes the following steps:
Filing a Petition
One spouse must file a petition for divorce in the appropriate court. This petition must then be served to the other spouse.
Division of Property and Assets
The court will divide marital property and debts between the spouses. The duration of the marriage, financial and non-financial contributions to the marriage, and the economic circumstances of each spouse will be considered to achieve a fair and equitable division.
Child Custody and Support
If there are children involved, the court will determine custody arrangements and child support obligations.
Spousal Maintenance
The court may also order spousal maintenance or alimony, depending on the specific circumstances of the case.
It is important to note that the lack of documentation sometimes associated with common-law marriages can make the divorce process more complicated and disputes more likely. Seeking legal advice and having accurate information about one's rights and obligations during the divorce process are crucial.
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Frequently asked questions
Common-law marriage is a marriage that is legally recognized without a formal ceremony or marriage license.
Both parties must be at least 18 years old, not closely related, and not married to anyone else. They must also have the mental and physical capacity to enter into a marriage and have a mutual agreement to be married in the present.
Couples can prove they are in a common-law marriage by publicly presenting themselves as a married couple. This can include using the same last name, referring to each other as spouses, filing joint tax returns, and having a family together.
Couples in a common-law marriage have the same legal rights and responsibilities as couples in formal marriages. This includes the right to inherit property, access health care benefits, and make medical decisions for each other.
Common-law marriages can only be ended by divorce or death, the same as a traditional marriage. Couples must go through the legal process of divorce, which includes dividing property and addressing child custody and support matters.
