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Do people actually have to divorce in a common law marriage?

Kansas City, MO |

My soon to be (hopefully) husband has a common law marriage in Kansas but his "wife" has lived in Nebraska for over 8 years. They have never lived together, shared financial responsibilities, because they live in different states they've never represented themselves as a couple and have not had sex in 12 years. She is engaged also. What are the requirements to meet to have a common law marriage in Kansas? If you didn't meet the requirements to be considered common law, do you still have to get a divorce? Are there special allowances or rules if one of them are incarcerated?

Attorney Answers 1


  1. If there was a legally recognized common law marriage, then it is like any other marriage and you need a divorce.

    My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions. Do NOT rely on anything I write and contact a lawyer in your area immediately for real legal advice.

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