Legal Question in Family Law in Kansas
marrage laws of kansas
is there such a law reguarding common law marrage and if so is common law marrage considered legal
Asked on 11/14/08, 4:33 pm
1 Answer from Attorneys
Rian Ankerholz
Ankerholz and Smith
Re: marrage laws of kansas
Kansas law requires three elements for a valid common law marriage:
1) Both parties must have the capacity to marry. (i.e., they must be old enough and not already married, etc.)
2) Both parties must have the intention to be married to each other.
3) The parties must "hold themselves out" to the public as husband and wife. (i.e., they introduce themselves as a married couple, they file joint tax returns, own property in joint names, incur debt jointly, etc.)
If the common law married is valid, it is like any other marriage.
Answered on 11/14/08, 5:09 pm