Is Common-Law Marriage valid in Kansas?
In Kansas, common-law marriage can be legally recognized and grants couples the same rights and responsibilities as those who are formally married. However, establishing a common-law marriage requires meeting specific criteria. Depending on how you and your spouse live your life it can be easy or nearly impossible.
What are the requirements for proving a valid Common-Law Marriage in Kansas?
To establish a common-law marriage in Kansas, the following things must be proven to a judge:
Capacity to Marry: Both individuals must be at least 18 years old and legally eligible to marry. This means neither party is already married to someone else, and they are not closely related by blood. This is usually a pretty easy hurdle to overcome. You either are 18 and unmarried or you aren’t.
Mutual Agreement: There must be a mutual agreement between the parties to be married. This agreement doesn't need to be in writing; it can be verbal or inferred from the couple's actions and conduct. Again, depending on how you live your life with your partner this may be easily proved or more difficult. Filing joint tax returns, having a wedding ceremony, or signing legal documents are all evidence of being married.
Public Representation: The couple must present themselves to the public as married. This can include using the same last name, referring to each other as spouses, filing joint tax returns, or sharing joint bank accounts. Similarly to evidence of mutual agreement, the more you hold yourself out to the public as married the more likely the court is to find that you are common-law married.
How do you divorce after a Common-Law Marriage?
Ending a common-law marriage in Kansas necessitates a formal divorce process, similar to that of a traditional marriage. This includes legal proceedings for the division of assets, determination of child custody, and other related matters. In most instances you have to prove the common-law marriage before you can begin the process of unwinding the marriage through a divorce process.
Is there a specific amount of time you live with someone that you become common-law married?
Kansas law does not require a specific duration of cohabitation for a common-law marriage to be recognized. The key factors are the mutual agreement to be married and the public representation of the relationship as a marriage.
Does Kansas Recognize Out-of-State Common-Law Marriages?
Kansas recognizes common-law marriages that were validly established in other states where such marriages are legal. This means that if a couple formed a common-law marriage in another state that recognizes common-law marriages, Kansas will also acknowledge the marriage as valid.