Is there grounds for a common law marriage in the state of Kansas when there are minor children involved

Attorney answers (1)

1. Licensed in KS

   

   Keenan M. Post

   Shawnee Mission Estate Planning Attorney

   Contributor Level 14

   Answered August 13, 2009 20:24. Absolutely there are grounds for common law marriage which is allowed in Kansas. There are three elements you must prove, as follows:
   
   1. capacity of the parties to marry (very easy to establish unless one of you has mental or other related conditions; 2) a present marriage agreement between the parties (the two of you considered yourselves married; you were on his health insurance at work as his wife; etc); and 3) you held each other as husband and wife to the public (hi, this is my wife; greeting cards to Mr. and Mrs.; signing in at hotels as H&W; filing taxes together; joint checking account; etc) - this may be hard as you refer to him in your question as "boyfriend".
   
   If you believe you can establish a common law marriage you may be entitled to a portion of his retirement, household goods, equity in house, alimony and maintenance, etc.
   
   Good luck.
   
   
   LEGAL DISCLAIMER
   Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney to ensure proper advice is received.

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