Kansas, like many states, once recognized common-law marriage, also known as informal marriage. However, Kansas abolished common-law marriage in 1998. This means that no new common-law marriages can be formed in Kansas after January 1, 1998. While you cannot enter into a common-law marriage in Kansas today, understanding the historical context and implications for those who established a common-law marriage before the 1998 cutoff is crucial. This guide will clarify the status of common-law marriage in Kansas and address common questions.
What is Common-Law Marriage?
Before diving into the Kansas-specific details, let's define common-law marriage. It's a legal union between two people without a marriage license or formal ceremony. It typically involves three elements:
- Cohabitation: The couple lives together as husband and wife.
- Agreement: The couple agrees to be married. This agreement isn't necessarily a formal contract, but a mutual understanding that they are married.
- Holding Out to the Public: The couple represents themselves to the public as husband and wife. This could involve introducing each other as spouses, filing joint taxes, or other actions.
It's important to reiterate that this is no longer a legal path to marriage in Kansas.
Can I Still Be Considered Married Under Common Law in Kansas?
This is a key question, and the answer hinges on when the relationship began. If you entered into a common-law marriage before January 1, 1998, your marriage is still legally recognized in Kansas. However, proving the existence of such a marriage can be challenging and often requires substantial evidence. The court will examine the facts of your situation to determine if the three elements mentioned above were present.
What Evidence is Needed to Prove a Pre-1998 Common-Law Marriage in Kansas?
Establishing a pre-1998 common-law marriage requires strong evidence. This can include, but is not limited to:
- Witness testimony: Statements from individuals who knew the couple and can attest to their representation of themselves as husband and wife.
- Joint financial accounts: Evidence of shared bank accounts, credit cards, or loans.
- Tax returns: Filing joint tax returns demonstrates the couple's public presentation of themselves as married.
- Property deeds or titles: Joint ownership of property is strong evidence.
- Birth certificates of children: If children were born during the relationship and the father is listed on the birth certificate, it's relevant evidence.
- Photographs, letters, and other correspondence: Any documentation supporting the claim of marriage can be beneficial.
What Happens if My Common-Law Marriage Ends?
If a common-law marriage established before 1998 ends in separation or death, the legal ramifications are the same as for a formally married couple. This includes considerations of:
- Division of property: In a divorce or probate situation, the court will determine how assets will be divided.
- Spousal support (alimony): One spouse may be entitled to spousal support depending on the circumstances.
- Inheritance rights: A surviving spouse typically inherits from the deceased spouse's estate.
How Do I Legally Dissolve a Pre-1998 Common-Law Marriage in Kansas?
A pre-1998 common-law marriage can only be dissolved through legal means such as divorce proceedings. It's essential to seek legal counsel from a qualified attorney experienced in family law to understand your rights and obligations.
Are there any exceptions to the 1998 law abolishing common-law marriage in Kansas?
No, there are no exceptions. The 1998 legislation clearly abolished the ability to form new common-law marriages in Kansas. Any relationship initiated after that date will not be considered a valid marriage under Kansas law, regardless of the parties' intent or actions.
This information is for general knowledge and should not be considered legal advice. If you have questions concerning your specific situation, consult with a qualified attorney in Kansas. They can provide accurate guidance based on your individual circumstances.
