Planning
Common-Law Marriage in Kansas: What Actually Counts
Understanding the legal requirements for getting married in Kansas is essential to ensure your ceremony is valid. If you are researching the common law marriage kansas, you will find that Kansas offers a relatively straightforward process. However, missing key deadlines or bringing the wrong documentation to the courthouse can delay your wedding timeline. This guide simplifies the rules to make your process stress-free.
In this guide, we outline every step needed to secure your marriage license, comply with state statutes, and legally file your certificate. Here is your plain-English guide to Kansas wedding laws, including fee summaries, age requirements, and witness policies. We explain what to bring, when to apply, and how to verify details with local county district courts.
Navigating county-level rules requires checking local procedures. Let’s look at the basic requirements and a step-by-step checklist to ensure you are legally prepared.
Key Kansas Marriage Requirements
- License Fee: Approximately $85 (varies slightly by county district court). This must be paid at the time of application, usually in cash or credit depending on court rules. Ensure you check your county’s accepted payment methods.
- Waiting Period: There is a 3-day waiting period in Kansas between application submission and license pickup. While this can be waived under special circumstances by a district judge, planning ahead is the best way to avoid rush fees.
- Expiration: The license is valid for 6 months from the date of issuance. You must hold the ceremony within this timeframe, and the license must be used within the state of Kansas.
- Identification: Both parties must provide valid photo ID (driver’s license, state ID, or passport) and proof of Social Security numbers. If you have been divorced, you must provide the exact date the divorce was finalized.
- Age Limits: Both parties must be 18 years of age or older to marry without consent. 16-17 year-olds require parental consent or judicial approval, and those under 16 require a judge’s permission.
- Witnesses: Kansas does not strictly enforce a witness requirement on the marriage certificate itself. However, having two witnesses sign is traditional and recommended.
General County Information
While rules are statewide, different county courthouses have different hours and locations. Always call ahead to verify details.
| District Court | Location / City | General Licensing Fee | Waiting Period |
|---|---|---|---|
| Sedgwick County Court | Wichita | ~$85 | 3 Days |
| Johnson County Court | Olathe | ~$85 | 3 Days |
| Shawnee County Court | Topeka | ~$85 | 3 Days |
| Douglas County Court | Lawrence | ~$85 | 3 Days |
Step-by-Step License Checklist
Determine the Application Date: Apply around 2 to 3 weeks before your ceremony. Do not apply too early, as the license expires in 6 months, but apply early enough to complete the 3-day waiting period.
Apply Online or in Person: Most Kansas district courts allow online applications. Visit your county’s district court website to start the forms, or visit the courthouse in person if required.
Complete the 3-Day Waiting Period: Wait the mandatory three days. Use this time to coordinate with your officiant and double-check your ceremony details.
Hand the License to Your Officiant: Your officiant must complete and sign the certificate after the ceremony. Ensure they have the correct credentials recognized by the state.
File the Completed License: The completed license must be returned to the issuing district court within 10 days of the ceremony. The court will then file it with the Kansas Department of Health and Environment (KDHE).
Step-by-Step Guide to the Marriage Certificate Return
Once your ceremony is complete, your officiant must fill out the marriage license certificate, recording the date, time, city, and county where the wedding took place. Both you, your partner, and the officiant must sign the document, and two witnesses over the age of 18 should sign as well. The officiant is legally responsible for returning the signed license to the issuing district court within 10 days of the ceremony to ensure your marriage is registered.
Ordering Certified Copies for Legal Name Changes
After the district court clerk files your returned license with the state, you will need to order certified copies of the certificate. These copies are required to legally change your name with government agencies, banks, and utility providers. You can order certified copies directly from the district court that issued the license or through the Kansas Department of Health and Environment (KDHE) Office of Vital Statistics for a small fee.
Legal Name Change Order of Operations
If you plan to change your name after marriage, follow this specific order of operations to avoid delays. First, wait for your certified marriage certificate to arrive. Next, submit an application to the Social Security Administration (SSA) to update your Social Security card. Once your new card arrives, visit the Kansas DMV to update your driver’s license. Finally, use your new license and certificate copy to update your passport, bank accounts, and employment records.
Understanding Common-Law Divorce Rules in Kansas
While Kansas recognizes common-law marriage, there is no such thing as a common-law divorce. If a couple establishes a valid common-law marriage under state law and later decides to separate, they must go through the formal, legal divorce process in district court to dissolve the union and divide assets. This requires proving the marriage existed based on mutual agreement and public representation before the court will grant a dissolution.
Kansas Liquor Laws for Receptions and Parties
If you plan to serve alcohol at your reception, verify the venue’s liquor license status. Under Kansas ABC rules, if you are bringing your own alcohol to a commercial venue, you may require a temporary permit or need to hire a licensed, bonded catering service to serve the drinks. Cash bars are subject to strict sales tax and licensing rules, so an open bar or a host-sponsored bar is generally simpler to coordinate under state law.
Frequently Asked Questions
Do we need a blood test to get married in Kansas?
No. Kansas abolished the blood test requirement for marriage licenses. You only need valid photo ID and proof of identification.
Who can legally officiate a wedding in Kansas?
Kansas recognizes ordained clergy members of any religious denomination and active or retired judges. Online ordination is recognized, but it is always best to verify with the local county court if you use a friend as an officiant.
Is common-law marriage recognized in Kansas?
Yes, Kansas is one of the few states that recognizes common-law marriage. It requires legal capacity, a present mutual agreement to be married, and public representation (holding yourselves out to the community as married). Common-law marriages must be dissolved via legal divorce.
Can out-of-state residents get married in Kansas?
Yes. Out-of-state residents can apply for a Kansas marriage license. However, the ceremony itself must take place within the Kansas borders for the license to be valid.
Need an officiant? Browse Kansas wedding officiants in our directory, or check out our complete How to Get Married in Kansas guide for more planning checklists.