Kansas recognizes common law marriage if the parties are over the age of 18.  Specific requirements to recognize the relationship as a common law marriage are:

1. Capacity to enter into marriage – this requires the ability understand the responsibilities and duties of marriage.
2. Formed a present intent to be married – You intend to enter into a marriage with the person whom you are in a relationship with at the present time and not at some time in the future.
3. Holding yourself out to be married – Introducing your partner as your spouse, using the same last name, cohabitating, having children, the factors are limitless – basically anything that a married couple would do to publicly assert they are married.

• NOTE: Time is not a factor here.  Many people think they have to live together or date for a specific amount of time.  The Courts have not limited the assertion of common law marriage to a relationship for a specific amount of time.

The burden of proof of the factors listed above rests on the party asserting that the parties were married, not merely dating or cohabiting.  It should also be noted that the lack of cohabitation generally leads to the denial of the common law marriage, however, cohabitation alone is not along enough to establish a common law marriage.

Kansas Common Law Divorce

If the parties have formed a common law marriage, then the parties have the same ability to dissolve the marriage as married couples, through divorce, annulment or separate maintenance.  The parties can still file for temporary orders to establish custody, child support and visitation for minor children, spousal support and property division during the pendency of the proceedings.

If the Court finds that no common law marriage exists, then no temporary orders can be issued and the parties assets and debts will be divided using the Court’s equitable powers.  However, if children are involved, then the parties will have to file a paternity action to obtain an equitable division of property and debts and to establish custody, child support and visitation.