Common-law marriage has diverse names, from "marriage in fact", "marriage by repute and habit", "informal…
Where to Apply
How do I get married in Kansas?
In order to get married in Kansas, you must apply for a Kansas marriage license at any clerk of the district court office.
Who will help me with my application?
Either a district court judge or district court clerk will process your application. It will most likely be a clerk.
Residency
Does where I live make a difference?
Your place of residence does not affect the marriage license application process. Kansans and nonresidents can apply.
Costs
How much does a marriage license cost?
A Kansas marriage license costs $85.50 throughout the state.
Usage
Where can I use my marriage license?
Your Kansas marriage license can be used anywhere in the state. It cannot be used outside the state.
Can I use an out-of-state marriage license in Kansas?
You may only use a Kansas marriage license to lawfully marry in the state.
Application
What information will I have to fill out?
The Kansas marriage license application varies slightly across counties. All in all, you'll be asked to specify the following under oath:
- Name
- Birth surname
- State or foreign country of birth
- Date of birth
- Residence
- City, town, or location, plus county and state
- Race
- Social security number
- Or driver's license number
- Father's name and birthplace
- Mother's full maiden name and birthplace
- Marriage "this" represents
- First, second, etc
- Date and reason last marriage ended
- Death, divorce, dissolution, or annulment
- Education completed
- Kindergarten to 12th grade and college
- Officiant's name and address
- If known
- Name of consenting parent or guardian
- For underage applicants
Attendance
What if I can't apply in person?
If you cannot attend the making of the application, pick up a marriage worksheet in advance, sign it, and have your co-applicant submit it.
Age Requirements
How old must I be to marry?
Aged 18 and over?
If you're 18 years old or older, you do not require parental consent to get married.
Aged 16 and 17?
If you're 16 or 17 years old, you can marry with the consent of a guardian or both parents, or one parent and a district judge's approval.
Aged 15?
If you're 15 years old, only a district court judge can authorize marriage.
Aged 14 and under?
If you're 14 years old or younger, you cannot marry.
What are the consent guidelines?
Do both parents consent?
If you're 16 or 17 years old and both parents consent to marriage, there are no other requirements.
Does only one parent consent?
If you're 16 or 17 years old, both parents are living, but only one grants consent, a district court judge must intervene.
How must parental consent be granted?
Parents and guardians may either grant consent in person before the district court judge or with a notarized consent form.
Waiting Period
When will I receive my marriage license?
Your marriage license will be issued three calendar days after applying. For instance, apply Monday to pick up Thursday.
Note: District courts are closed on weekends and holidays, so schedule accordingly.
Can the waiting period be waived?
The three-day waiting period can be waived by a district court judge for extraordinary or emergency situations.
Who can pick up the license?
Only a party to the marriage can pick up the marriage license. It will be held in reserve for up to one year.
When do I pay?
You'll pay for your marriage license when you pick it up.
Expiration
How long will my marriage license remain active?
Your marriage license will expire six months after issuance, after which it becomes void.
Identification
Do I have to bring ID?
Bring valid government-issued photo ID, such as a driver's license, state-issued ID card, military ID card, or passport.
Do I have to bring my birth certificate?
You do not have to bring an original or certified copy of your birth certificate.
Do I have to bring my social security card?
You do not have to bring your social security card as long as you remember the number.
Blood Test
Is a blood test required?
You do not have to obtain a premarital blood test.
Divorced
Do I have to prove I'm divorced?
If divorced, some district courts will request a certified copy of your divorce decree.
Do I have to wait to remarry after divorcing?
There is no waiting period to remarry following a recent divorce.
Widowed
Do I have to prove I'm a widow or widower?
If widowed, some district courts will request a certified copy of the death certificate.
Name Change
How do I change my name after marriage?
You can change your name using a certified copy of your marriage certificate. The forms can be completed with a name change application.
Witnesses
Must witnesses attend my ceremony?
Two competent witnesses aged 18 or older must attend your marriage ceremony and have their names printed on the license afterward.
The Ceremony
Who can preside over our marriage?
Your marriage can be solemnized by a judge, justice, authorized official of any religious denomination or society, and the couple.
Can we preside over our own marriage ceremony?
You can conduct a self-solemnized marriage ceremony. It will be your job to complete and return the marriage license.
Can I apply for a license and get married in a civil ceremony?
You can apply for a marriage license and hold your civil ceremony in the same district court. Some are by appointment only.
License Return
When must the marriage license go back?
Whoever solemnizes your marriage ceremony must return the marriage license to the issuing district court for recording within 10 days after marriage.
Marriage Certificate
How do I get a certified copy of my marriage certificate?
You can purchase a certified copy of a birth, divorce, death, or marriage certificate from Kansas' Office of Vital Statistics for $15.
Can I also get copies from the district court?
As of January 1, 2018, district courts no longer issue certified copies of marriage records.
Proxy Marriage
Can I get married through a proxy?
You cannot get married by proxy. You must physically attend the marriage ceremony.
Prohibited Marriage
Can I marry my first cousin?
Kansas law does not allow marriage between first cousins?
Can I marry any family relation?
You cannot marry an ascendant, descendant, sibling, aunt, uncle, niece, nephew, first cousin, stepparent, or stepchild, whether related by blood or adoption.
Will my out-of-state marriage be recognized in Kansas?
Kansas will only recognize an out-of-state marriage that could have lawfully taken place in the Kansas.
Common-law Marriage
Can I enter into a common-law marriage?
Kansas does permit the establishment of common-law marriages, but only for adults who are at least 18 years old.
Will a non-Kansas common-law marriage be recognized?
Kansas law will recognize any lawfully established common-law marriage between adults aged 18 and over.
What if my fiance lost his passport. Are there alternative forms of ID? Will a copy be accepted?
If your fiance doesn't have any government-issued photo ID, you'll have to contact the district court clerk about what other forms of ID they'll accept. Make mention of any ID that exists, such as a visa, immigration document, employee ID, etc.
A photocopy is unlikely to be accepted.
Am I able to marry my fiance that's in Egypt through proxy marriage? We tried to get married twice in Egypt but they want proof of my divorce papers which I have provided and they refused it.
He applied for a visa but wasn't approved. We really want to get married so I was wondering would we be able to get married with marriage by proxy?
Hi Kolina. Kansas, as with most states, doesn't allow marriage by proxy.
Hi my fiance is in CSP Sacramento state prison in California. we would like to get, but have questions.
The counselors in the prison will not marry us for some odd reason, it has been 16 months since we submitted the ppw and yet nothing has been done.
Please help us get married. my email is [removed]. I have all the required documents if needed.
Hi Maria, Then these Kansas marriage license rules don't apply. You should be on the California marriage license page. But the process is sthe same. You need to get in touch with the warden or prison admin to make arrangements.
We want to self solemnize our marriage. On the license are we the ones performing the ceremony or is that left blank?
You'd name yourselves.
The person solemnizing my wedding is from out of state and only here for the weekend ceremony. Is it OK if I or my spouse take the signed marriage license to the issuing district court for filing?
Yes, you can return the completed marriage license yourself in person or by mail.