A common-law marriage is a legally recognized marriage that exists without a formal wedding ceremony or marriage license, provided certain legal requirements are met.
Kansas is one of the states that legally recognizes common-law marriage contracted within the state. Kansas has recognized common-law marriages for over a century,[1] in part to “uphold the expectations of the parties, and to protect a dependent who has been in a long-term relationship.”[2]
Requirements for a Common-Law Marriage in Kansas
Under Kansas law, three (3) specific requirements must be met for a common-law marriage to exist[3]:
1. Capacity to Marry
Both parties must have the legal capacity to enter a marriage, including:
- Neither party may already be married to someone else;
- Both parties must be of legal age to marry;
- Both parties must possess the mental capacity to consent to marriage; and
- The parties cannot be closely related by blood.
2. Mutual Agreement to Be Married
Both parties must mutually intend and agree to be married. The agreement does not need to be in writing, but there must be evidence showing both individuals intended to enter a marital relationship.
3. Holding Yourselves Out as Married
The parties must present themselves publicly as a married couple.
Common examples include:
- Using the same last name;
- Referring to each other as “husband,” “wife,” or “spouse;”
- Filing joint tax returns;
- Jointly owning property or sharing financial accounts;
- Listing each other as spouses on insurance or employment documents; and
- Wearing wedding rings.
How Courts Determine Whether a Common-Law Marriage Exists
The party asserting a common-law marriage exists has the burden of proving the marriage.[4]
Kansas courts examine the facts and circumstances of the relationship to determine whether the legal requirements have been satisfied. Evidence may include the parties’ conduct, financial arrangements, statements to others, and whether they consistently represented themselves as being married.
In a recent Kansas Supreme Court case, the Court found sufficient evidence of a common-law marriage where the couple participated in a formal wedding ceremony, conducted their personal and financial affairs as a married couple, legally changed their last name, and used the same last name on social media and business emails.[5]
Dissolution of a Common-Law Marriage in Kansas
Ending a common-law marriage in Kansas requires the same legal process as ending a traditional marriage.
A court may enter orders regarding:
- Division of marital property and debts;
- Child custody and parenting time;
- Child support; and
- Spousal maintenance (alimony).
Because the legal consequences can be significant, it is important to consult with an experienced family law attorney if you believe a common-law marriage may exist.
Contact our Firm
If you are seeking to dissolve your common-law marriage in Kansas, our experienced family law attorneys can help guide you through the legal process.
Please contact us today to schedule a confidential consultation at: 816.792.8700
This article is for informational purposes only and does not constitute legal advice. Every situation is different—consult an attorney for guidance specific to your case.
[1] “State v. Walker,” 36 Kan. 297, Syl., 13 P. 279 (1887)
[2] 1 Elrod, Kansas Law and Practice: Kansas Family Law § 3:7, p. 266 (2025-2026 ed.).
[3] Please see “In re Estate of Keimig,” 215 Kan. 869, 872 (1974); “Sullivan v. Sullivan,” 196 Kan. 705 (1966); “Doyle v. Doyle,” 497 S.W.2d 846, 848 (Mo. App. 1973).
[4] “Driscoll v. Driscoll,” 220 Kan. 225, 227 (1976)
[5] “Matter of Marriage of Kelley,” 321 Kan. 783, 787 (2026).