Marriage Law Kansas

The marriage law in Kansas is governed by Chapter 23 “Domestic Relation” of the Kansas Statute. The marriage contract is considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law.
The state of Kansas shall not recognize a common-law marriage contract if either party to the marriage contract is under 18 years of age.
All marriages between parents and children, including grandparents and grandchildren of any degree, between brothers and sisters of the one half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins, are declared to be incestuous and absolutely void.
Marriage may be validly solemnized and contracted in this state, after a license has been issued for the marriage, in the following manner: By the mutual declarations of the two parties to be joined in marriage, made before an authorized officiating person and in the presence of at least two competent witnesses over 18 years of age, other than the officiating person, that they take each other as husband and wife.
The following are authorized to be officiating persons:
  1. Any currently ordained clergyman or religious authority of any religious denomination or society;
  2. any licentiate of a denominational body or an appointee of any bishop serving as the regular clergyman of any church of the denomination to which the licentiate or appointee belongs, if not restrained from so doing by the discipline of that church or denomination;
  3. any judge or justice of a court of record;
  4. any municipal judge of a city of this state; and
  5. any retired judge or justice of a court of record.
The two parties themselves, by mutual declarations that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of the parties belong, may be married without an authorized officiating person.
All marriages occurring within the state shall be registered under the supervision of the secretary of health and environment
The clerks of the district courts or judges thereof, when applied to for a marriage license by any person who is one of the parties to the proposed marriage and who is legally entitled to a marriage license, shall issue a marriage license.
The clerk or judge of the district court is not entitled to issue a marriage license before the third calendar day (Sunday and holidays included) following the date of the filing of the application.
Each district court shall keep a record of all marriages resulting from licenses issued by the court, which record shall show the names of the persons who were married and the date of the marriage.
Every marriage license shall expire at the end of six months from the date of issuance if the marriage for which the license was issued does not take place within the six-month period of time.
Forms for license is furnished by the Secretary of Health and Environment and shall be photocopied and issued with the photocopy to the applicant therefor for delivery to the person who performs the marriage ceremony after the judge or clerk or the district court has recorded the required personal information. Such photocopy shall clearly be marked as "DUPLICATE." The secretary may approve the use of an automated system whereby the marriage license form is computer generated. In such instances, the court shall comply with prescribed specifications as set out by the secretary to ensure uniformity across the state.
The judge or clerk of the district court shall collect from the applicant for a marriage license a fee of $50.
The judge or clerk of the district court shall keep a correct copy of all marriage licenses returned with the endorsement on the license by the person performing the marriage ceremony.
In all cases, before granting a marriage license the judge or clerk of the district court shall require the applicant for such license to take and subscribe to an oath to the effect that none of the reasons set forth in Statute exist, why such applicant should not be granted a marriage license.
The secretary of health and environment shall index all records received and upon request shall issue a certified copy or abstract of them which in all courts and for all purposes shall be prima facie evidence of the facts stated in them.
The person performing a marriage ceremony under the provisions of the law of the State endorse the certificate of the marriage on the license, give the duplicate copy of the license to the parties to the marriage and return the license, within 10 days after the marriage, to the judge or clerk of the district court who issued it.
The judge or clerk shall record the marriage on the marriage record in the office of the judge or clerk and shall forward, not later than the third day of the following month, to the Secretary of Health and Environment the license and certificate of marriage, together with a statement of the names of the parties and the name and address of the person who performed the marriage ceremony.