Does Kansas recognize common law marriage?

Kansas recognizes common law marriages contracted by persons within the state and those who contract common law marriage in another state that allows couples to marry at common law.

But in order to be a valid common law marriage in Kansas, the marriage must meet all the requirements for a common law marriage in the place where it occurred. In Kansas, common law marriage is valid if:

1. The couple is of sufficient age and “mental capacity” (18 years old and understands what they are agreeing to do).

2. The couple has a “current intent” to be married (not an intent to become married sometime in the future).

3. The couple “holds themselves out to the public as husband and wife” (that is, they don’t keep their marriage private).

 

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