Legal Question in Family Law in Kansas
Am I legally married?
I was looking at my original copy (I also have one marked copy) of my marraige liscence (2003)and noticed it should have been returned to the district court within 10 days. Are we married?
1 Answer from Attorneys
Re: Am I legally married?
Failure to file the completed marriage license does not invalidate a marriage if the ceremony was performed within the six month period from the time the license was issued. The completed license is to be filed with the Clerk of the District Court according to K.S.A. 23-109: Marriage certificate; recording marriages. (a) Every person who performs a marriage ceremony under the provisions of this act shall endorse the person's certificate of the marriage on the license, give the duplicate copy of the license to the parties to the marriage and return the license, within 10 days after the marriage, to the judge or clerk of the district court who issued it. Failure to file the license may subject the person who performed the ceremony to penalties under K.S.A. 23-111:
Any judge or clerk of the district court or person authorized by law to perform the marriage ceremony in this state who shall fail to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, and the county or district attorney of any county when presented with a statement of facts and circumstances shall forthwith initiate and promptly follow up the necessary court proceedings against the parties responsible for the alleged violation of the law.