No court hearing is required and no specific documents are required to form a common law marriage in Kansas. In order to form a common-law marriage in Kansas, a couple must be (1) eligible to marry each other (both must be over 18, not currently married, not incapacitated, not related by blood or adoption), (2) both parties must consent and have the intent to be married, and (3) the parties must hold themselves out to the community as being married.
Kansas Affirmation or Declaration of Common Law Marriage is a way for couples in Kansas to legally recognize their relationship without the need for a formal marriage ceremony. It is an alternative for those who choose not to go through the traditional marriage process but still want to have their relationship legally recognized. There are two types of Kansas Affirmation or Declaration of Common Law Marriage: the written Affirmation and the verbal Declaration. The written Affirmation is a signed document, witnessed by two witnesses, that declares the couple to be legally married. The verbal Declaration is a verbal agreement between the couple and two witnesses that confirms the intention to be legally married. Both types of Kansas Affirmation or Declaration of Common Law Marriage require both parties to be over the age of 18, to be competent to enter into the agreement, and to provide valid identification. They must also acknowledge that they are voluntarily entering into the common law marriage, and that they understand the legal consequences of such a union.
