Cohabitation Laws for Divorced Couples in Kansas

By Heather Frances J.D.

Most divorced couples live apart, usually even before the divorce, but sometimes couples continue to live together after their divorce is final -- perhaps for financial or family reasons -- and sometimes they begin to live with others. When a divorced couple cohabitates in Kansas, it may alter the terms of a divorce decree or become a common law marriage.

Most divorced couples live apart, usually even before the divorce, but sometimes couples continue to live together after their divorce is final -- perhaps for financial or family reasons -- and sometimes they begin to live with others. When a divorced couple cohabitates in Kansas, it may alter the terms of a divorce decree or become a common law marriage.

Separation Agreement

Your separation agreement or divorce decree may include terms that will change if you cohabitate. For example, awards of spousal maintenance – or alimony – may state that the spousal maintenance will terminate if you cohabitate. Your ex-spouse could file a petition with the court to terminate your spousal maintenance if he can prove to the court that you cohabitated with someone.

Divorce is never easy, but we can help. Learn More

Common Law Marriage

Common law marriage is a marriage without a formal ceremony or marriage license. Kansas is among the few states that currently recognize common law marriage as a valid way to marry. However, just because a divorced couple decides to live together for any reason following their divorce, this does not mean they have a common law marriage even if they live together for an extended period of time. Kansas requires that you have the mental capacity to marry, agree to be married and that you represent to the public that you are married. Otherwise, you do not have a common law marriage.

Effect of Common Law Marriage

If you do create a common law marriage, it is just as binding as a formal marriage. You will be married in every way, even though you never obtained a marriage license. If you choose to end your common law marriage, you must get a divorce.

Cohabitation Agreements

You and your ex-spouse may wish to sign a cohabitation agreement to avoid confusion. If you wish to create a common law marriage, you can state in your cohabitation agreement that you are intending to marry. If you do not wish to marry, your cohabitation agreement can include a statement that you do not consider yourself to be married.

Divorce is never easy, but we can help. Learn More
Common Law Divorce in Alabama

References

Related articles

What Are the Laws About Annulled Marriages in Arkansas?

Annulling a marriage is a legal process that dissolves a marriage and results in a declaration that the marriage never existed. This differs from a divorce, because a divorce simply terminates a marriage, whereas annulment invalidates it. Family law is a topic governed by state law and Arkansas has established requirements for couples to get married, as well as processes and requirements to end those marriages.

Common Law Divorces in California

There is no such thing as common law divorce, so California law does not consider you divorced if you are legally married but attempt to divorce by simply separating and saying you are divorced. In fact, California recognizes neither common law marriage, in which a couple becomes married by living together and saying they are married but never formally marrying, nor common law divorce, in which a couple might simply split up without obtaining a divorce through the legal system.

Does Colorado Recognize Common Law Marriages?

Colorado is only one of a handful of states that recognizes common law marriage. However, couples need to do more than simply say they are married if they want the state to recognize the validity of their union. They must act as if they are married, for example, by living together, sharing the same surname and filing joint taxes. Once the state recognizes a couple's common law marriage, the couple can only terminate it by divorce -- just like any other marriage.

Get Divorced Online

Related articles

If We Divorce & Then Live Together for 3 Months, Are We Considered Married By Common Law in Alabama?

Sometimes, divorced couples decide to try again. They might date, live together and even remarry. For couples who ...

Common Law Marriages & Divorce

The phrase "common law" refers to the way you get married, not how you end your union. The term simply means ...

Iowa Laws on Common Law Divorce

Although it's not heard of often, common law marriage is still recognized in a handful of states, including Iowa. ...

Common Law Divorce & Kansas Custody Rules

When we think of marriage, we often picture a ceremony presided over by a judge or clergyman before family and friends. ...

Browse by category