Getting Married in Kansas: Legal Requirements and Process
Getting married in Kansas requires obtaining a marriage license from a district court clerk, which is valid for 6 months with no waiting period after issuance. Both parties must be at least 18 years old (or 16-17 with parental consent), provide identification, and pay the required fee, typically between $50-85 depending on the county.
Kansas does not recognize common law marriages established after January 1, 2020, so obtaining a proper marriage license is essential for legal recognition of your union. Additionally, Kansas marriage licenses are valid throughout the state regardless of which county issued them.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements
In Kansas, couples must obtain a marriage license before getting married. Both parties must appear in person at a district court clerk's office, provide identification (valid government-issued photo ID), and pay the required fee (typically $85-$100). There is a mandatory 3-day waiting period after applying before the license can be used, unless waived by a judge. The license is valid for 6 months after issuance.
Age Requirements
In Kansas, the minimum age to marry is 18. However, 16 and 17-year-olds may marry with consent of both parents, legal guardians, or judicial approval. Kansas eliminated marriages for those under 16 years of age in 2019.
Prohibited Marriages
Kansas prohibits marriages between ancestors and descendants, siblings (whole or half blood), aunts/uncles and nieces/nephews, and first cousins. Same-sex marriage is legal in Kansas following the U.S. Supreme Court's decision in Obergefell v. Hodges (2015).
Solemnization Requirements
Marriages in Kansas must be solemnized by an authorized person, including judges, justices, licensed ministers, or other persons authorized by religious societies. Self-uniting marriages (without an officiant) are not recognized in Kansas. The person solemnizing the marriage must complete the marriage certificate and return it to the district court within 10 days.
Name Change After Marriage
Kansas allows individuals to change their last name after marriage by using their marriage certificate as legal documentation. This can be used to update identification documents like driver's licenses and Social Security cards. There is no requirement to change one's name after marriage.
Marital Property Laws
Kansas is an equitable distribution state, not a community property state. This means that in case of divorce, marital property is divided equitably (fairly), but not necessarily equally. Property acquired during the marriage is generally considered marital property subject to division, while property owned before marriage or received as a gift or inheritance typically remains separate property.
Regional Variances
Marriage License Requirements in Kansas
Johnson County requires both parties to appear in person at the clerk's office to apply for a marriage license. They have a 3-day waiting period after application before the license is issued, and the license is valid for 6 months. The fee is typically around $85.50 and must be paid in cash.
In Sedgwick County (Wichita), couples can begin their marriage license application online before appearing in person to complete the process. The waiting period is still 3 days, but they occasionally offer special hours for marriage license applications.
Shawnee County (Topeka) requires appointments for marriage license applications. Their process includes a mandatory 3-day waiting period, and they require certified copies of birth certificates for both parties, which differs from some other counties that accept various forms of identification.
Douglas County (Lawrence) allows couples to start their application online and finish in person. They strictly enforce the state's 3-day waiting period with very few exceptions. The county is known for being particularly accommodating to same-sex couples since the legalization of same-sex marriage.
Wyandotte County (Kansas City, KS) requires both applicants to appear in person with valid government-issued photo ID. They enforce the 3-day waiting period but may waive it for military personnel with proper documentation. Their fee is slightly lower than some other counties at approximately $75.
Marriage Age Requirements in Kansas
Kansas allows individuals who are 18 years or older to marry without parental consent. For those 16-17 years old, consent of both parents, legal guardians, or judicial approval is required. Kansas no longer permits marriages under age 16 as of 2019.
Some rural counties may have slightly different documentation requirements for proving age or parental consent. It's advisable to contact the specific county clerk's office in advance to confirm exact requirements.
Name Change Procedures
Johnson County provides detailed name change information with marriage license applications. They offer a streamlined process for name changes on driver's licenses and Social Security cards with offices in close proximity to the courthouse.
Sedgwick County requires additional documentation for name changes compared to some other counties. They recommend scheduling separate appointments for marriage license application and name change procedures.
Many western Kansas counties have simplified name change procedures that can be completed simultaneously with the marriage license application, saving an additional trip to government offices.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Kansas, both parties must appear in person at a district court clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and pay the application fee (approximately $85-$100, varies by county). There is a mandatory 3-day waiting period after application before the license is issued. The license is valid for 6 months after issuance.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Kansas, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Kansas law.
Update or Create a Will
60 days after wedding days after startingMarriage automatically changes certain inheritance rights in Kansas. Update your existing will or create a new one to reflect your wishes regarding your spouse and any other beneficiaries. Without a will, Kansas intestacy laws will determine how your property is distributed, with your spouse receiving a significant portion.
Create a Healthcare Power of Attorney
60 days after wedding days after startingThis document allows your spouse or another designated person to make medical decisions on your behalf if you become incapacitated. In Kansas, this document must be signed in the presence of two witnesses who are not related to you by blood, marriage, or adoption, and who are not entitled to any portion of your estate.
Create a Durable Power of Attorney
60 days after wedding days after startingThis document allows your spouse or another designated person to handle financial and legal matters on your behalf if you become incapacitated. In Kansas, this document must be signed before a notary public to be valid.
Update Beneficiary Designation Forms
30 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Kansas, these designations typically override will provisions, so it's important they reflect your current wishes regarding your spouse.
Apply for Name Change (if applicable)
30 days after wedding days after startingIf either spouse is changing their name, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In Kansas, your marriage certificate serves as proof of name change, but you'll need to file separate applications with each relevant agency.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans. In Kansas, you typically have 30-60 days after marriage to make these changes. Contact your insurance provider or employer's HR department to understand the specific process and deadlines.
Consider Joint Financial Accounts
60 days after wedding days after startingDecide whether to maintain separate accounts or establish joint accounts for banking, credit cards, and investments. In Kansas, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate if one spouse dies.
Update Tax Filing Status
By next tax filing deadline days after startingYour marital status on December 31 determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your specific financial situation. Kansas is a separate property state but follows federal tax guidelines for married couples.
Review and Update Property Titles
90 days after wedding days after startingConsider how real estate and vehicles should be titled after marriage. In Kansas, property can be held as tenants in common, joint tenants with rights of survivorship, or in one spouse's name only. Each has different implications for ownership and inheritance.
Notify Relevant Agencies of Address Change (if applicable)
10 days after address change days after startingIf either spouse is moving, update your address with the postal service, DMV, voter registration, insurance companies, financial institutions, and other relevant entities. In Kansas, you must update your driver's license address within 10 days of moving.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Kansas, both parties must appear in person at a district court clerk's office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and pay the application fee (approximately $85-$100, varies by county). There is a mandatory 3-day waiting period after application before the license is issued. The license is valid for 6 months after issuance. | - | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In Kansas, prenuptial agreements must be in writing, signed by both parties, and entered into voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is fair and enforceable under Kansas law. | Prenuptial Agreement | 90-120 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Kansas. Update your existing will or create a new one to reflect your wishes regarding your spouse and any other beneficiaries. Without a will, Kansas intestacy laws will determine how your property is distributed, with your spouse receiving a significant portion. | Updated Will | 60 days after wedding |
| Create a Healthcare Power of Attorney | This document allows your spouse or another designated person to make medical decisions on your behalf if you become incapacitated. In Kansas, this document must be signed in the presence of two witnesses who are not related to you by blood, marriage, or adoption, and who are not entitled to any portion of your estate. | Healthcare Power of Attorney | 60 days after wedding |
| Create a Durable Power of Attorney | This document allows your spouse or another designated person to handle financial and legal matters on your behalf if you become incapacitated. In Kansas, this document must be signed before a notary public to be valid. | Durable Power of Attorney | 60 days after wedding |
| Update Beneficiary Designation Forms | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Kansas, these designations typically override will provisions, so it's important they reflect your current wishes regarding your spouse. | Beneficiary Designation Forms | 30 days after wedding |
| Apply for Name Change (if applicable) | If either spouse is changing their name, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In Kansas, your marriage certificate serves as proof of name change, but you'll need to file separate applications with each relevant agency. | Name Change Application | 30 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans. In Kansas, you typically have 30-60 days after marriage to make these changes. Contact your insurance provider or employer's HR department to understand the specific process and deadlines. | Health Insurance Coverage Change Form | 30 days after wedding |
| Consider Joint Financial Accounts | Decide whether to maintain separate accounts or establish joint accounts for banking, credit cards, and investments. In Kansas, joint accounts with rights of survivorship allow the surviving spouse immediate access to funds without going through probate if one spouse dies. | Joint Bank Account Application | 60 days after wedding |
| Update Tax Filing Status | Your marital status on December 31 determines your filing status for that entire tax year. Research whether filing jointly or separately is more advantageous for your specific financial situation. Kansas is a separate property state but follows federal tax guidelines for married couples. | - | By next tax filing deadline |
| Review and Update Property Titles | Consider how real estate and vehicles should be titled after marriage. In Kansas, property can be held as tenants in common, joint tenants with rights of survivorship, or in one spouse's name only. Each has different implications for ownership and inheritance. | - | 90 days after wedding |
| Notify Relevant Agencies of Address Change (if applicable) | If either spouse is moving, update your address with the postal service, DMV, voter registration, insurance companies, financial institutions, and other relevant entities. In Kansas, you must update your driver's license address within 10 days of moving. | - | 10 days after address change |
Frequently Asked Questions
In Kansas, you must be at least 18 years old to marry without parental consent (16-17 year-olds need consent from both parents or legal guardians). You'll need to apply for a marriage license at any Kansas county courthouse, provide valid photo ID, and pay a fee (typically $75-85). There is a mandatory 3-day waiting period after applying before you can receive your license. The license is valid for 6 months after issuance, and your ceremony must be performed by an authorized person such as a judge, justice of the peace, or ordained minister.
No, Kansas does not require blood tests or medical examinations to obtain a marriage license. This requirement was eliminated years ago in most states, including Kansas.
Yes, same-sex marriage is legal throughout the United States, including Kansas, following the Supreme Court's 2015 ruling in Obergefell v. Hodges. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples.
Kansas is not a community property state; it follows equitable distribution principles. Property acquired during marriage is not automatically considered jointly owned. However, in case of divorce, courts will divide marital property equitably (fairly but not necessarily equally). Consider creating a prenuptial agreement if you want to clearly define property rights before marriage.
Name changes after marriage are optional in Kansas, not mandatory. If you choose to change your name, you can use your marriage certificate as legal proof to update your Social Security card, driver's license, passport, and other documents. The process typically starts with updating your Social Security information first.
Yes, Kansas is one of the few states that still recognizes common law marriage. To establish a common law marriage in Kansas, you must: (1) have the capacity to marry, (2) present yourselves to the public as married, and (3) intend to be married. There is no specific time requirement. Once established, a common law marriage has the same legal standing as a ceremonial marriage and requires formal divorce proceedings to dissolve.
Yes, prenuptial agreements (prenups) are legally recognized in Kansas. To be enforceable, a prenup should be in writing, signed by both parties, entered into voluntarily, and include full financial disclosure. It's recommended that each party have independent legal counsel. Prenups cannot determine child custody or support matters but can address property division and spousal support in case of divorce.
A marriage that is legally valid in Kansas will be recognized in all other states due to the Full Faith and Credit Clause of the U.S. Constitution. If you divorce in another state, that state's laws will generally apply to the divorce proceedings, regardless of where you were married.