Does Kansas Recognize Common Law Marriage?

Kansas is one of the few states in the U.S. that recognizes common-law marriages, which are contracts between consenting adults without a formal wedding or blood relation. To be legally married in Kansas, both parties must meet certain standards, including having the legal definition of a spouse, having the intention to enter into a marital relationship, and living together as husband and wife.

In Kansas, a common-law marriage is valid if the couple is of sufficient age and “mental capacity” (18 years old and understands what they are agreeing to do), has a “current intent” to be married (not an intent to become married sometime in the future), and holds themselves out to the public as husband and wife.

Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage, survives only in seven U.S. states and the District of Columbia along with some provisions of military law. Only a few states acknowledge common-law marriages nationwide, such as Alabama, New Hampshire, Iowa, Kansas, Texas, South Carolina, and Rhode Island.

As of 2024, Colorado, Iowa, Kansas, Montana, New Hampshire, Texas, Utah, and the District of Columbia are common-law marriage states, each with their own particular legal stipulations. However, only eight states in the U.S. (plus Washington, D.C.) allow couples to establish new common-law marriages for all purposes.

Kansas recognizes common-law marriages contracted by persons within the state and those who contract common-law marriage in another state that allows couples to live together as husband and wife.

How to dissolve common law marriage in Kansas?

Kansas recognizes common law marriage but not common law divorce. A married couple can only divorce by court order. If a couple who married at common law doesn’t get a divorce, they’re still married. If one of them remarries, they can be charged with bigamy. Not all states allow common law marriages. Every state recognizes a common law marriage from another state. Every state allows couples married at common law to get divorced under the laws of the state where the divorce is filed.

1. The couple is at least 18 and can understand what they are agreeing to.

Is Kansas a common law property state?

Marital Property Law. “Marital property” is all the things a couple gets together. Some states say all marital property is equally owned by both parties and must be divided equally after a divorce. Kansas doesn’t have a community property law. This lets courts and the parties be more flexible and unpredictable when dividing marital property during a divorce. Kansas’s Marital Property Laws. States have different laws about marital property. Kansas marital property laws are listed below.

Marital Property and Separate Property. Most property you buy or receive while married becomes marital property. In a divorce, marital property is split equally between the two spouses. Some things are not considered marital property, like inheritance, gifts, and 401(k)s. Separate property is property you owned before the marriage and is not divided.

How do I prove common law marriage in Kansas?

To prove a common-law marriage in Kansas, the parties must meet three requirements: To prove a common-law marriage, the parties must show they were both capable of marrying, had the intent to marry, and held themselves out as married.

Does Kansas have domestic partnerships?

Register a domestic partnership. The City of Lawrence lets two people register their domestic partnership. Domestic partners can’t be married to anyone else, have another domestic partner, or be related by blood. There is a $75 fee to register a domestic partnership with the City of Lawrence. Remove a domestic partnership from the registry. To remove a domestic partnership from the registry, fill out the form. You’ll need the original registrant’s confirmation number to complete the removal.

Frequently Asked Questions. Learn more about the Domestic Partnership Registry.

How many years do you have to be separated to be legally divorced in Kansas?

In Kansas, there is no waiting period before divorce. If you have lived in Kansas for 60 days before filing for divorce, you don’t have to live separately before or after filing. Kansas divorce attorneys answer frequently asked questions about divorce in Kansas and Kansas divorce laws. Do I need an attorney for a divorce in Kansas? Does Kansas grant divorces based on fault?

How long do you have to live together to be common-law married in Kansas?

How long do you have to be together to get a common-law marriage in Kansas? There is no time limit for a couple to be considered in a common law marriage in Kansas. Kansas common law marriage requirements focus on a mutual agreement to be married, living together, and publicly declaring the marriage. What is a common law marriage in Kansas? In Kansas, a common law marriage must meet three main criteria:

A mutual agreement to marry; living together as a married couple; and saying you are married.

How do I prove common-law marriage in Kansas?

To prove a common-law marriage in Kansas, the parties must meet three requirements: Both parties must be able to marry. Both parties must want to marry. Both parties must act like they are married.

Is Kansas a 50/50 divorce state?

Kansas is an equitable distribution state. Equitable does not mean equal. The court divides property according to what it considers fair, not 50/50.

Can you file jointly if not married in Kansas?

The IRS won’t let unmarried people file taxes as married filing jointly. These two statements cannot coexist. The consumer must say if they are married or not.

What are the marriage laws in Kansas?

Do you have to be a certain age to get a marriage license? You must be 18 to get a marriage license, unless you have permission. If you are 16 or 17, you need a parent or guardian to sign the consent form. A judge can give consent if both your parents are dead and you don’t have a legal guardian. If you are 15, a judge may give consent and issue the license if it is in your best interests. A license will not be issued to anyone under age 16. If I am 16 or 17, how do I get my parent or guardian’s consent to get married? Apply for the marriage license first. If you are 16 or 17, the court clerk will send you a consent form.

How does common-law marriage work in Kansas?

To prove a common-law marriage in Kansas, the parties must meet three requirements: To prove a common-law marriage, the parties must show they were both capable of marrying, had the intent to marry, and held themselves out as married.