Legal Question in Family Law in Kansas

Common law marriage, bigamy and prosecution

I cannot find under KSA anything relating to the definition of a common law marriage for the state of Kansas. Having recently completed an annullment proceeding, evidence was presented that should have fully supported a bigamy charge,but the county attorney has failed to prosecute. My ex-spouse just got married again without the benefit of divorce from her common-law husband in spite of our annullment being based on her marriage to him. I feel that the county attorney is corrupt along with the sheriffs office investigator who are both personal friends of my ex-wife.

I would like to read the article in the KSA for common law marriages. I found it once, but have been unable to find it again. In particular, there are three requirements that must be met as per the Fleming vs. Fleming case and it would be nice to know what they are. Her attorney used it against me, but after that point, my investigation revealed a lot more evidence that will contradict the statements he had her and her commonlaw husband prepare for court.


Asked on 2/18/98, 12:24 pm

1 Answer from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Common Law Marriage

Several KSAs speak to the conditions supporting C/L marriage in KS: capacity (age as well as mental); a holding out that the parties intended their relationship to be a marital one (introduced themselves as such to friends, relatives, etc.; tax filings; checking/savings accounts) All of these would be considered in construing whether the parties intended to be married to each other. It has been my experience that county prosecutors do not generally wish to become involved in domestic disputes. You should retain local counsel to advise you about your specific goals and expectations.

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Answered on 2/23/98, 11:00 pm


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