Common Law Marriage in Kansas

Common law marriage, also known as informal marriage, is a legal concept that recognizes a couple as married without them having gone through a formal ceremony or obtaining a marriage license. While common law marriage is not recognized in all states, it is recognized in Kansas under certain conditions.

Requirements for Common Law Marriage in Kansas

In order to establish a common law marriage in Kansas, the following requirements must be met:

1. Both parties must be at least 18 years old: To enter into a common law marriage, both individuals must be of legal age.
2. Both parties must have the capacity to consent: Both individuals must be mentally competent and capable of understanding the nature of the marriage relationship.
3. Both parties must agree to be married: There must be a mutual agreement between the couple to enter into a marital relationship.
4. Both parties must live together: The couple must live together as spouses, sharing a common residence.
5. The couple must hold themselves out as married: The couple must present themselves to others as being married. This can be demonstrated through the use of the same last name, referring to each other as spouses, or filing joint tax returns.

Proof of Common Law Marriage

In Kansas, there is no specific time requirement for how long a couple must live together before they can be considered common law married. However, it is important to note that simply living together does not automatically establish a common law marriage. The couple must meet all the requirements mentioned above and provide evidence of their relationship.

Proof of a common law marriage can be established through various means, including:

• Joint bank accounts: Providing evidence of joint bank accounts can help demonstrate a shared financial relationship.
• Shared bills and expenses: Showing that the couple shares financial responsibilities, such as rent or utility bills, can help establish a common law marriage.
• Joint property ownership: Owning property together, such as a home or a vehicle, can be used as evidence of a committed relationship.
• Testimony from friends and family: Statements from friends and family members who can attest to the couple’s relationship and their belief that they are married can be valuable evidence.
• Written agreements: Having a written agreement, such as a cohabitation agreement or a joint lease, can help demonstrate the couple’s intent to be married.

Legal Rights and Responsibilities

Once a common law marriage is established in Kansas, the couple is entitled to the same legal rights and responsibilities as couples who have obtained a formal marriage license. These rights and responsibilities include:

• Property rights: Each spouse has the right to claim an interest in property acquired during the marriage.
• Spousal support: In the event of a separation or divorce, a common law spouse may be eligible for spousal support.
• Inheritance rights: A common law spouse may be entitled to inherit property from their deceased spouse if there is no valid will.
• Medical decision-making: Common law spouses have the right to make medical decisions on behalf of their partner if they are unable to do so.
• Divorce: In order to dissolve a common law marriage in Kansas, the couple must go through a formal divorce process, just like couples who obtained a marriage license.

Conclusion

Common law marriage is recognized in Kansas if certain requirements are met. It is important for couples who are in a common law marriage to understand their legal rights and responsibilities. If you have questions or need further information, it is advisable to consult with an experienced family law attorney.