Cameron Miranda
Kansas is one of the few US states that still recognizes common-law marriage. This means that couples who meet the state's criteria for common-law marriage have the same legal rights and obligations as couples who are formally married. However, it is important to note that the requirements for a valid common-law marriage in Kansas can be complex and may change over time. To establish a common-law marriage in Kansas, both parties must be at least 18 years old, not closely related, and have the mental and physical capacity to enter into a marriage. They must also have a mutual agreement to be married in the present and hold themselves out to the public as a married couple. While cohabitation is not required, it can help demonstrate a shared life as a married couple.
| Characteristics | Values |
|---|---|
| Recognition | Common-law marriages are legally recognised in Kansas and carry the same rights and obligations as formal marriages. |
| Age requirement | Both parties must be at least 18 years old. |
| Mental capacity | Both parties must have the mental capacity to enter a marriage. |
| Legal barriers | There should be no legal barriers to marriage, e.g. a previous marriage that has not been legally dissolved. |
| Mutual consent | Both parties must mutually consent to be married. |
| Public presentation | Couples must publicly present themselves as married, e.g. using the same last name, referring to each other as husband and wife, and filing joint tax returns. |
| Cohabitation | While not a requirement, cohabitation may help demonstrate a shared life as a married couple. |
| Termination | Common-law marriages can only be terminated by divorce or death, the same as traditional marriages. |
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What You'll Learn
Kansas' common-law marriage requirements
Kansas is one of the few US states that still allows common-law marriage. It is important to note that laws and regulations can change over time, so it is essential to stay updated on the latest developments regarding common-law marriage in Kansas.
To establish a common-law marriage in Kansas, certain requirements must be met. Firstly, both parties must be at least 18 years of age and have the mental and physical capacity to enter into a marriage. This includes understanding the "marital contract" and its duties and responsibilities. Additionally, there should be no legal barriers to marriage, such as a previous marriage that has not been legally dissolved.
Secondly, there must be a mutual agreement or consent between the couple to be married in the present. This agreement does not need to be in writing but can be inferred from their conduct and behaviour as a married couple. For example, referring to each other as "husband" and "wife" or "spouse" can indicate their intent to be married.
Thirdly, the couple must "hold themselves out as spouses" to the public. This means publicly presenting themselves as a married couple and living as husband and wife. This can include cohabitation, using the same last name, filing joint tax returns, opening joint bank accounts, having a family together, and emotionally and financially supporting each other. There is no specific duration required for cohabitation, but it can be an important factor in demonstrating a shared life as a married couple.
Once a common-law marriage is established in Kansas, the couple is entitled to the same legal rights and responsibilities as couples in formally recognised marriages. These rights include the right to inherit property from their spouse, access health care benefits, and make medical decisions for each other. To terminate a common-law marriage, the couple must go through the regular divorce legal proceedings.
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Legal rights and obligations
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 rights and obligations as those who are formally married. Once a common-law marriage is established, the couple must get a court-ordered divorce to terminate the marriage.
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 be able to understand the "marital contract" and its duties and responsibilities. This means that both parties must be at least 18 years old, and there should be no legal barriers to marriage, such as a previous marriage that has not been legally dissolved. Neither party can be married to someone else, and they cannot be closely related.
- Both parties must have a mutual agreement or "present agreement" to be married: they must demonstrate that they both have the intent to be married, not just a promise or intention to marry in the future. This agreement does not have to be in writing but can be inferred from the conduct of the spouses, such as referring to each other as "my wife" or "my husband", having a family together, sharing a last name, and emotionally and financially supporting each other.
- The couple must publicly present themselves as a married couple: this can include cohabitation, using the same last name, filing joint tax returns, opening joint bank accounts, and joint ownership of property.
It is important to note that the requirements for a common-law marriage to be recognised can change over time, so it is essential to stay updated on the latest developments and seek legal advice if necessary.
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Public presentation of the relationship
Firstly, couples must refer to each other as husband and wife or spouse. This can be done in private or in public, and it is often inferred from the conduct of the spouses. For example, referring to one another as "my wife" or "my husband".
Secondly, the couple must live as husband and wife, which can be demonstrated through cohabitation, using the same last name, filing joint tax returns, opening joint bank accounts, and joint ownership of property. These actions provide clear evidence of the intent to be married and prevent fraudulent claims of common-law marriage.
Thirdly, the couple's family, friends, and community must recognise them as a married couple. If the couple has a general reputation for being spouses in a marital relationship, this can satisfy the requirement of public presentation.
Finally, while not a requirement, living together can help demonstrate a shared life as a married couple and contribute to the case for common-law marriage.
It is important to note that the requirements for common-law marriage in Kansas may change over time, so staying updated on recent developments is essential.
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Capacity to marry
To establish a common-law marriage in Kansas, both parties must be at least 18 years of age and have the mental and physical capacity to enter into a marriage. This age requirement is one of the few statutes codified into law in Kansas. The state will not recognize a common-law marriage contract if either party is under the age of 18.
To have the capacity to marry, both parties must be able to understand the so-called "marital contract" and its duties and responsibilities. This means that, in addition to being over the age of 18, both parties must be of sound mind and not suffering from any mental incapacity. Additionally, the two parties cannot be closely related, and neither can be married to someone else. There should also be no other legal barriers to marriage, such as a previous marriage that has not been legally dissolved.
Once a common-law marriage is established in Kansas, the couple is entitled to the same legal rights and responsibilities as couples in formally recognized marriages. This includes the right to inherit property from their spouse, access health care benefits, and make medical decisions for each other. It is important to note that the requirements for a common-law marriage to be recognized can change over time, so staying updated is essential.
While cohabitation is not required for a common-law marriage to be legally recognized in Kansas, it can help demonstrate a shared life as a married couple and contribute to the case. There is no specific duration required for how long a couple must live together, but cohabitation, along with other factors such as using the same last name, filing joint tax returns, opening joint bank accounts, and joint ownership of property, can be considered holding a marriage out to the public. This public presentation of the relationship as a marriage is a crucial element of common-law marriage, as it helps establish the couple's intent to be married in the eyes of the community.
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Termination of a common-law marriage
In the state of Kansas, there is no such thing as a common-law marriage. While it may be a popular misconception that living together for a certain number of years automatically creates a common-law marriage, this is not the case in Kansas. However, the state does recognize common-law marriages that were validly created in other states.
So, while you cannot enter into a common-law marriage in Kansas, if you moved to Kansas from a state that recognizes common-law marriages and you met the requirements for a common-law marriage in that state, then Kansas would recognize your marriage as valid. Similarly, if you are planning to move to a state that recognizes common-law marriages and want to ensure your relationship will be recognized as a marriage in that state, you should review that state's specific requirements.
Even though Kansas doesn't recognize common-law marriages formed within the state, it's still important to understand how a common-law marriage can be terminated, especially if you are moving to or from a state that does recognize them. In states that recognize common-law marriage, terminating the relationship is similar to dissolving a legal marriage. Here's an overview:
Separation: Similar to a legal marriage, a couple in a common-law marriage can choose to separate. This doesn't legally end the marriage, but it can be considered a step toward termination, especially if one or both partners intend for the separation to be permanent.
Divorce: Just as with a legal marriage, a common-law marriage can only be legally terminated by getting a divorce. This process may vary depending on the state, but it typically involves filing a petition with the family court and going through a legal process to divide assets, determine spousal support, and make arrangements for any children involved. It's important to note that even if a couple was not legally married in the state where they currently reside, they may need to go through the divorce process in a state that recognizes their common-law marriage.
Death: Similar to a legal marriage, a common-law marriage is automatically terminated upon the death of one of the spouses. In this case, the surviving spouse would not need to take any legal action to terminate the marriage.
Annulment: In certain circumstances, it may be possible to annul a common-law marriage. An annulment treats the marriage as if it never existed legally. The specific grounds for annulment vary by state, but they often include factors such as fraud, bigamy, or coercion.
It's important to remember that the specifics of terminating a common-law marriage can vary depending on the state and the unique circumstances of each couple. If you have questions or concerns about your specific situation, it's best to consult with a family law attorney who can provide personalized advice and guidance.
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Frequently asked questions
Yes, Kansas is one of the few states that still allows common-law marriage.
Both parties must be at least 18 years old, not closely related, 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. Both parties must mutually consent to be married in the present and hold themselves out as spouses to the public.
Couples can refer to each other as husband and wife, have a family together, share a last name, file joint tax returns, open joint bank accounts, or own property together.
Common-law marriages in Kansas are subject to the same legal rights and obligations as formal marriages. Couples are entitled to inherit property from their spouse, access health care benefits, and make medical decisions for each other.
