Legal Question in Family Law in Kansas

Common Law Marriage

My daughter filed papers to be Common Law Married.

Is this recognized in the Kansas as filing taxes,insurance, social security, etc. How can she get out of it when and if she decides to. I just really need to be more educated on this.


Asked on 8/15/01, 1:03 pm

1 Answer from Attorneys

Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: Common Law Marriage

While I have no idea what your daughter may have filed and with whom. . .Yes, KS recognizes common law marriages based upon the couple holding out to others that they consider themselves to be husband/wife, the filing of joint tax returns, joint checking or savings accounts, etc., would all be taken into consideration in determining whether both parties intended to the married. You didn't appear to understand that the only way to sever a common law marriage is the same as if they were officially married. . .through the divorce court. This is not a 'kings-x' arrangement. A marriage is a marriage is a marriage once determined to be legal. . .is your daughter of age majority? Does she have the capacity to consent to marriage?

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Answered on 8/15/01, 8:12 pm


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