Common-law Marriage Kansas

jp8491 said:

What is the name of your state (only U.S. law)? I live in the state of Kansas. In 1966 I married my 1st husband when we were both 18 yrs old. We divorced in 1979. In 1980 we each married someone else, then later we were each divorced from them. Later my 1st husband and I lived together. During this time, we rented housing as husband and wife. He bought me a new set of wedding rings. We owned vehicles jointly. We had joint credit and bank checking accounts, and we filed joint Federal and State of Kansas Tax Returns. In 1993 we separated and went our separate ways, with no court divorce. I was recently told that we are married under Kansas Common-law Marriage laws, and required to file a divorce in court before either of us can marry anyone else. We are nearing retirement, and I don't want to run into any problems with Social Security. I know since we were married for over 10 yrs legally the 1st time, I'm entitled to draw on his benefits since they are more than what mine will be. I was told that I will need proof of my legal marriages and divorces, as well as a divorce from my "common-law marriage" as they will know we filed joint tax returns. Am I common-law married? And am I require to file a divorce if I want it ended? Would either of us be a bigimist if we were to marry someone else "legally" without a divorce first. It's been 16 1/2 yrs since we last separated.

Click to expand...

jp8491 said:

What is the name of your state (only U.S. law)? I live in the state of Kansas. In 1966 I married my 1st husband when we were both 18 yrs old. We divorced in 1979. In 1980 we each married someone else, then later we were each divorced from them. Later my 1st husband and I lived together. During this time, we rented housing as husband and wife. He bought me a new set of wedding rings. We owned vehicles jointly. We had joint credit and bank checking accounts, and we filed joint Federal and State of Kansas Tax Returns. In 1993 we separated and went our separate ways, with no court divorce. I was recently told that we are married under Kansas Common-law Marriage laws, and required to file a divorce in court before either of us can marry anyone else. We are nearing retirement, and I don't want to run into any problems with Social Security. I know since we were married for over 10 yrs legally the 1st time, I'm entitled to draw on his benefits since they are more than what mine will be. I was told that I will need proof of my legal marriages and divorces, as well as a divorce from my "common-law marriage" as they will know we filed joint tax returns. Am I common-law married? And am I require to file a divorce if I want it ended? Would either of us be a bigimist if we were to marry someone else "legally" without a divorce first. It's been 16 1/2 yrs since we last separated.

Click to expand...

In 1993 (the year OP separated) the Kansas Supreme Court, in Chandler v. Central Oil Corp, that in addition to a marriage contract between the parties, a holding out as husband and wife to the public is required. Cohabitation is not necessarily required.

Click to expand...

Facts relevant to proving this element include the woman assuming the man's last name, the filing of joint income tax returns, establishing joint checking accounts, buying personal property as a married couple, registering in hotels as a married couple, introducing each other as a spouse, listing the person as a spouse on insurance and pensions plans, filing as a spouse for social security benefits, living in the same dwelling, having an exclusive monogamous sexual relationship, etc.

Click to expand...

Kansas Common Law Marriage Cases

In re Estate of Antonopoulos, 268 Kan. 178, 993 P.2d 637 (1999).
In re Pace, 26 Kan. App. 2d 538, 989 P.2d 297 (1999).
Chandler v. Central Oil Corp., Inc., 253 Kan. 50, 853 P.2d 649 (1993).
Commerce Bank of Kansas City v. Odell, 16 Kan. App.2d 704, 827 P.2d 1205 (1992).
In re Marriage of Thomas, 16 Kan. App. 2d 511, 825 P.2d 1163 (1992).
In re Estate of Hendrickson, 248 Kan. 72, 805 P.2d 20 (1991).
State v. Sedlack, 246 Kan. 305, 787 P.2d 709 (1990).
Eaton v. Johnston, 235 Kan. 323, 681 P.2d 606 (1984).
Fleming v. Fleming, 221 Kan. 290, 559 P.2d 329 (1977).
Driscoll v. Driscoll, 220 Kan. 225, 552 P.2d 629 (1976).
State v. Johnson, 216 Kan. 445, 523 P.2d 1325 (1975).
In re Estate of Keimig, 215 Kan. 869, 528 P.2d 1228 (1974).
In re Estate of Mazlo, 211 Kan. 217, 505 P.2d 762 (1973).
Schrader v. Schrader, 207 Kan. 349, 484 P.2d 1007 (1971).
Sullivan v. Sullivan, 196 Kan. 1, 439 P.2d 988 (1966).
Gillaspie v. E.W. Blair Const. Corp., 192 Kan. 455, 388 P.2d 647 (1964).
Hineman v. Hineman, 179 Kan. 543, 297 P.2d 149 (1956).
Whetstone v. Whetstone, 178 Kan. 595, 290 P.2d 1022 (1955).
Amerine v. Amerine, 178 Kan. 79, 283 P.2d 469 (1955).
In re Freedman's Estate, 171 Kan. 211, 231 P.2d 261 (1951).
Smith v. Smith, 161 Kan 1, 165 P.2d 221 (1946).
Cain v. Cain, 160 Kan. 672, 165 P.2d 933 (1946).
Pitney v. Pitney, 151 Kan. 848, 101 P.2d 933 (1940).
Cable v. Garbacz, 150 Kan. 242, 92 P.2d 81 (1939).
Cooper v. Cooper, 147 Kan. 256, 76 P.2d 867 (1938).
Freeman v. Fowler Packing Co., 135 Kan. 378, 11 P.2d 276 (1932).
Jacoby v. Jacoby, 132 Kan. 77, 294 P. 857 (1931).
Butler v. Butler, 130 Kan. 186, 285 P. 627 (1930).
Kinney v. Woodmen of the World, 110 Kan. 323, 203 P. 723 (1922).
Haywood v. Nichols, 99 Kan. 138, 160 P. 982 (1916).
Tyner v. Schoonover, 79 Kan. 573, 100 P. 478 (1909).
Moore v. Wa-me-go, 72 Kan. 169, 83 P. 400 (1905).
Schuchart v. Shuchart, 50 L.R.A. 180, 61 Kan. 597, 60 P. 311, 78 Am.St.Rep. 342 (1900).
Renfrow v. Renfrow, 60 Kan. 277, 56 P. 534, 72 Am.St.Rep. 350 (1899).
Shorten v. Judd, 60 Kan. 73, 55 P. 286 (1898).
Matney v. Linn & Matney, 59 Kan. 613, 54 P. 668 (1898).
State v. Walker, 36 Kan. 297, 13 P. 279, 59 Am.Rep. 556 (1887).

Click to expand...

Ohiogal said:

She needs a divorce. If either of them remarried, they committed bigamy.

Click to expand...

mistoffolees said:

I think a lot of people misunderstand common law marriage. They think it's optional.

In reality, as I read it, if you do all the things they did, then you're married. Not "you can choose which rights of married people you want". You're married. Period.

Admittedly, some common law people separate and never tell anyone that they were married and the issue never comes up. One or both of them might even remarry and if no one complains, then no one gets hurt. But that doesn't change the fact that they're married and if anyone complains, they're going to be in big trouble.

Click to expand...