Marriage
is a legal contract. It affects your rights to own and to
sell property, the amount of income tax that you owe, your
need for a will and insurance, and your retirement plans.
Before you marry, both parties must go to the district
courthouse and apply in person and sign an Application and
Affidavit to Obtain Marriage License under oath. There is
a three day waiting period before the clerk or judge will
issue the license. Blood tests are no longer required. A
fee is charged for the license.
If both you and your fiancé are 18 or older you do not
need any other person's consent. If you or your fiancé are
under 18, a parent or guardian and a district court judge
must consent. You can be married by an ordained clergyperson
of any religion or any judge of a court record.
In marriage, the husband and the wife are legally obligated
to support each other. You should be aware of this as you
establish your jobs or roles in your marriage. Kansas laws
do not require one partner to provide the family's income
and the other partner to be a homemaker. Together, each
husband and wife must decide how they will support each
other. Even though a marriage must be built on trust, both
the husband and the wife should carefully examine their
respective roles in the marriage, and the possible consequences
of this arrangement in the event of separation or divorce
or death.
Children: As parents you must support your children until
they reach majority age (18). If you do not, a court could
order payments. Failure to obey is civil contempt. Your
children could also be taken from you.
Common Law Marriages
A common law marriage is a marriage by agreement of
the two persons without any formal ceremony or license.
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.
Common Law marriages are subject to the same legal obligations
and privileges that apply to marriages with licenses. Once
a common law marriage is established, the couple must get
a court ordered divorce to terminate the marriage.
Living Together Without Marrying
Unmarried couples living together have become more and
more common. In Kansas it is no longer illegal for persons
of the opposite sex to live together and share a sexual
relationship without being married.
However, couples living together should be aware that although
they avoid the legal obligations of marriage by doing so,
they are also denied the legal protections of marriage.
If you choose to live together without marrying, you should
be sure that you understand your legal rights and obligations
if you buy or sell property together, have children, sign
a lease or a contract, or make other important commitments.
You should know that an agreement, either informal or written,
that establishes your rights and responsibilities to each
other, may not be legally enforceable. If you have questions,
talk with a lawyer.
Individuals of the same sex are not permitted to marry
in Kansas, but may enter into legal obligations together,
including parenting.
Name Changes
Although it is customary for the wife to assume her husband's
last name upon marriage, she is under no legal compulsion
to do so. She may retain her maiden name without any formal
legal proceedings by simply continuing to use it. If, however,
she assumes her husband's name and later wants to resume
her maiden name, she must petition the district court in
the county where she lives for her legal name change. A
woman may have her previous name restored at the time of
a divorce.
Divorce
Divorce is a legal termination of a marriage. To get a
divorce in Kansas, the petitioner must be a Kansas resident
for 60 days. There are several grounds for granting a divorce:
incompatibility (no-fault); failure to perform a material
martial duty; and mental illness (where spouse has been
confined to a mental institution for two years or the court
has found the spouse mentally ill or mentally incapacitated).
Suits must be filed in the district court in which either
spouse lives at the time of filing or where the spouse being
filed against can be served.
The court may order either spouse to pay "maintenance"
(alimony) to the other party. It may order regular monthly
payments or a lump sum payment. The court's power to award
maintenance is limited to 121 months. This may be extended
in some circumstances. The court may modify future payments
unless the decree says it cannot. The court may not modify
past due maintenance payments.
In a divorce proceeding, the district court also divides
the property and debts of the parties in a fair, just and
equitable manner, regardless of the source or manner in
which the property was acquired. The court will consider
the age of the parties, the length of time the marriage
lasted, the types of property involved, the present and
future earning abilities of the parties, how and when the
property was acquired, family ties and obligations, whether
maintenance is allowed and other pertinent factors.
Normally, the parties will have joint custody of the children
with physical custody and visitation to be determined based
upon what is in the best interest of the minor children.
If the parents cannot agree on custody, a court may order
mediation. Child support is established from the Child Support
Guidelines based on the combined incomes of the parties,
the number and ages of the children, and other considerations.
A parent who does not visit his or her children is still
required to pay support as ordered.
If you have questions about divorce, contact a lawyer.
