Common Law Marriage in Kansas: Legal Requirements and Exceptions

While many states have eliminated the concept of common law marriage, Kansas remains one of the few that still recognizes it under certain conditions.

Understanding the legal framework is important for couples who consider themselves married without a formal ceremony or license. This guide explains how common law marriage works in Kansas, what the legal requirements are, and how exceptions may apply.

What Is Common Law Marriage?

A common law marriage is a legally recognized union between two individuals who live together and present themselves as a married couple without officially registering or obtaining a marriage license.

Legal Requirements for Common Law Marriage in Kansas

To establish a valid common law marriage in Kansas, the couple must meet the following criteria:

1. Mutual Agreement

Both individuals must have a clear and mutual agreement to be married. This agreement does not need to be in writing, but it must be proven if ever contested.

2. Presenting as a Married Couple

The couple must publicly represent themselves as married. This can include using the same last name, filing joint taxes, or referring to each other as spouses in social or legal settings.

3. Cohabitation

The couple must live together, although there is no set time period required. The length of cohabitation may support—but does not solely determine—the existence of a common law marriage.

4. Age and Mental Capacity

Both parties must be:

• At least 18 years old
• Of sound mind and capable of consenting to a marriage

Proving a Common Law Marriage

In Kansas, proving a common law marriage may be necessary in cases of:

• Divorce
• Inheritance and estate distribution
• Health care or insurance claims

To prove the relationship, courts often look at:

• Joint financial accounts or property
• Insurance policies naming each other as spouses
• Joint tax returns
• Affidavits from friends or family confirming the couple’s relationship

Exceptions and Limitations

Kansas does not allow common law marriages if:

• One or both individuals are already legally married to someone else
• Either party is underage or unable to consent
• The relationship is formed in a state that does not recognize common law marriage and lacks evidence of public declaration or agreement

Also, common law marriages formed in Kansas are recognized in other states that accept them. Conversely, Kansas also recognizes valid common law marriages formed in other states that meet those states’ criteria.

How to End a Common Law Marriage

If a couple in a common law marriage chooses to separate, they must go through the formal divorce process, just like a legally married couple. This includes issues related to:

• Property division
• Alimony (spousal support)
• Child custody and support (if applicable)

Final Thoughts

Common law marriage in Kansas is still legally valid and can carry the same weight as a formal marriage if the right conditions are met. While it offers flexibility, it also comes with legal complexities—especially in cases of separation or estate claims.

Couples should consider documenting their relationship carefully or consult legal counsel to protect their rights.

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