Kansas Affirmation or Declaration of Common Law Marriage
Understanding this form
The Kansas Affirmation or Declaration of Common Law Marriage is a legal document that confirms a couple's intent to be recognized as married under common law in Kansas. Unlike traditional marriages that require a formal ceremony and marriage license, this form allows couples to declare their marriage status without a court hearing or specific documents, provided they meet certain criteria set forth in Kansas law.
Main sections of this form
- Identification of both spouses, including names and addresses.
- Date when the couple began to hold themselves out as married.
- Statement confirming both parties are over 18 and consent to be married.
- Witness signatures to validate the affirmation or declaration.
Situations where this form applies
This form is used when a couple wishes to legally affirm their common law marriage in Kansas. It is especially important for couples who have been living together and presenting themselves as married but did not go through a formal marriage process. This affirmation can be beneficial for legal clarity in matters such as inheritance, health care decisions, and other legal rights typically associated with marriage.
Intended users of this form
- Couples who meet the age and consent requirements for common law marriage in Kansas.
- Individuals who wish to clarify their marital status for legal purposes.
- Couples who have been holding themselves out as married in their community.
Steps to complete this form
- Identify and write the full names and addresses of both spouses in the provided fields.
- Specify the date when both parties started presenting themselves as married.
- Ensure both parties sign the document, indicating their mutual consent.
- Have two witnesses sign and print their names to validate the affirmation.
- Keep a copy of the completed form for your records.
Notarization requirements for this form
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Not having two witnesses sign the form, which is essential for validation.
- Failing to correctly fill out the names and addresses of the spouses.
- Not specifying the correct date when the couple began holding themselves out as married.
Benefits of completing this form online
- Convenient access to download and print the form from home.
- Editability allows couples to fill in their information easily and accurately.
- Reliable legal language drafted by licensed attorneys ensures compliance with state laws.
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FAQ
Yes, Kansas does recognize common law marriage, meaning couples can establish a marriage without a formal ceremony or license. This kind of marriage occurs when both partners intend to be married and live together as a married couple. It's essential to provide evidence of cohabitation and mutual consent for it to be legally recognized. To ensure you meet all necessary requirements, consider filing a Kansas Affirmation or Declaration of Common Law Marriage.
Eight states currently recognize common law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. There are also some states such as Ohio and Pennsylvania that used to allow common law marriages and still recognize them as valid, but they have since changed their laws.
The phrase "common law" originates with England and refers to those non-ceremonial marriages that were valid under English law. In the 1877 case Meister v. Moore, the U.S. Supreme Court held that a non-ceremonial marriage was a valid enforceable marriage, unless a state's statute forbade it.
A common law marriage will be recognized in Kansas if the couple considers themselves to be married and publicly holds themselves out to be married and if they are legally eligible to marry. No minimum period of cohabitation is required.
However, in the states that acknowledge common-law marriages, a couple is considered officially married if they present themselves as a married couple to the public, including living together, for a specific period. Seven years is a common timeframe for common-law marriages to be considered official.
While not every state recognizes common law marriage, some states do. Eight states currently recognize common law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.
A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Not all states have statutes addressing common law marriage. In some states case law and public policy determine validity.
What is cohabitation? Living together with someone is also sometimes called 'cohabitation'. A cohabiting couple is a couple that lives together in an intimate and committed relationship, who are not married to each other and not in a civil partnership. Cohabiting couples can be opposite-sex or same-sex.
Common law marriages are recognized for federal income tax purposes if they are recognized by the state in which the taxpayers reside. If the taxpayers later move to a state which does not recognize common law marriages, they are still considered married for federal income tax purposes.
