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(a) The marriage contract is to be 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.
(b) 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.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1867, ch. 84, § 1; G.S. 1868, ch. 61, § 1;
R.S. 1923, 23-101; L. 1980, ch. 106, § 1; L. 1996, ch. 142, § 1; L.
2002, ch. 143, § 1; July 1.
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.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History:
L. 1867, ch. 84, § 2; G.S. 1868, ch. 61, § 2;
R.S. 1923, 23-102; L. 1985, ch. 114, § 21; July 1.
All marriages occurring within the state shall be registered under
the supervision of the secretary of health and environment as provided
in K.S.A. 65-102.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1913, ch. 224, § 1; R.S. 1923, 23-105; L. 1980, ch. 106, § 2; July 1.
(a) 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 in substance as
follows:
MARRIAGE LICENSE (Name of place where office located, month, day and year.)
TO ANY PERSON authorized by law to perform the marriage ceremony,
Greeting:
You are hereby authorized to join in marriage A B of ____________,
date of birth _______, and C D of ____________, date of birth _______,
(and name of parent or guardian consenting), and of this license, duly
endorsed, you will make due return to this office immediately after
performing the ceremony.
E F, (title of person issuing the license).
(b) No clerk or judge of the district court shall issue a
marriage license before the third calendar day (Sunday and holidays
included) following the date of the filing of the application therefor
in such clerk's or judge's office except that in cases of emergency or
extraordinary circumstances, a judge of the district court may upon
proper showing being made, permit by order of the court the issuance of
such marriage license without waiting three days. 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.
(c) No clerk or judge shall issue a license authorizing the marriage of any person:
(1) Under the age of 16 years, except that a judge of the
district court may, after due investigation, give consent and issue the
license authorizing the marriage of a person 15 years of age when the
marriage is in the best interest of the person 15 years of age; or
(2) who is 16 or 17 years of age without the express consent of
such person's father, mother or legal guardian and the consent of the
judge unless consent of both the mother and father and any legal
guardian or all then living parents and any legal guardian is given in
which case the consent of the judge shall not be required. If not given
in person at the time of the application, the consent shall be evidenced
by a written certificate subscribed thereto and duly attested. Where
the applicants or either of them are 16 or 17 years of age and their
parents are dead and there is no legal guardian then a judge of the
district court may after due investigation give consent and issue the
license authorizing the marriage.
(d) The judge or clerk may issue a license upon the affidavit of
the party personally appearing and applying therefor, to the effect that
the parties to whom such license is to be issued are of lawful age, as
required by this section, and the judge or clerk is hereby authorized to
administer oaths for that purpose.
(e) Every person swearing falsely in such affidavit shall be
guilty of a misdemeanor and shall be punished by a fine not exceeding
$500. A clerk or judge of the district court shall state in every
license the birth dates of the parties applying for the same, and if
either or both are 16 or 17 years of age, the name of the father,
mother, or guardian consenting to such marriage.
(f) 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.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1867, ch. 84, § 5; G.S. 1868, ch. 61, § 5;
L. 1905, ch. 302, § 1; L. 1913, ch. 224, § 2; R.S. 1923, 23-106; L.
1947, ch. 240, § 1; L. 1967, ch. 202, § 1; L. 1968, ch. 207, § 3; L.
1969, ch. 184, § 1; L. 1972, ch. 161, § 3; L. 1976, ch. 145, § 116;
L. 1977, ch. 109, § 18; L. 1987, ch. 119, § 1; L. 1994, ch. 120, § 1;
L. 1996, ch. 142, § 2; L. 2006, ch. 184, § 1; July 1.
Forms for license shall be 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 as provided by K.S.A. 23-106
and amendments thereto for the original marriage license being issued.
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.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1913, ch. 224, § 3; R.S. 1923, 23-107; L.
1976, ch. 145, § 117; L. 1977, ch. 109, § 19; L. 1980, ch. 106, § 3;
L. 1987, ch. 119, § 2; L. 1990, ch. 116, § 1; L. 1995, ch. 178, § 1;
Apr. 27.
(a) The judge or clerk of the district court shall collect from the applicant for a marriage license a fee of $59.
(b) The clerk of the court shall remit all fees prescribed by
this section to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury. Of each remittance, the state treasurer shall credit
38.98% to the protection from abuse fund, 15.19% to the family and
children trust account of the family and children investment fund
created by K.S.A. 38-1808, and amendments thereto, 16.95% to the crime
victims assistance fund created by K.S.A. 74-7334, and amendments
thereto, 15.25% to the judicial branch nonjudicial salary adjustment
fund created by K.S.A. 2009 Supp. 20-1a15, and amendments thereto, and
the remainder to the state general fund.
(c) Except as provided further, the marriage license fee
established in this section shall be the only fee collected or moneys in
the nature of a fee collected for a marriage license. Such fee shall
only be established by an act of the legislature and no other authority
is established by law or otherwise to collect a fee. On and after July
1, 2009 through June 30, 2010, the supreme court may impose an
additional charge, not to exceed $10 per marriage license fee, to fund
the costs of non-judicial personnel.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1984, ch. 136, § 1; L. 1989, ch. 239, § 5;
L. 1992, ch. 313, § 10; L. 1996, ch. 188, § 3; L. 2001, ch. 5, § 85;
L. 2006, ch. 215, § 5; L. 2008, ch. 95, § 6; L. 2009, ch. 116, § 13;
July 1.
(a) Every person who performs a marriage ceremony under the
provisions of this act shall endorse the person's 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.
(b) If no marriage license has been issued by the judge or clerk
of the district court during a month, the judge or clerk shall promptly
notify the secretary of health and environment to that effect on a form
provided for that purpose.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1913, ch. 224, § 5; L. 1917, ch. 236, § 1;
R.S. 1923, 23-109; L. 1925, ch. 201, § 2; L. 1968, ch. 207, § 5; L.
1976, ch. 170, § 2; L. 1976, ch. 151, § 5; L. 1977, ch. 109, § 21; L.
1980, ch. 106, § 6; L. 1984, ch. 147, § 7; L. 1984, ch. 135, § 1;
July 1.
The secretary of health and environment shall index all records
received pursuant to K.S.A. 23-109 and amendments thereto 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. For each certified copy or abstract a fee shall be paid
to the secretary in an amount prescribed in accordance with, and
disposed of in the manner provided by, K.S.A. 65-2418 and amendments
thereto.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1913, ch. 224, § 6; R.S. 1923, 23-110; L.
1956, ch. 52, § 7; L. 1957, ch. 431, § 6; L. 1963, ch. 398, § 9; L.
1967, ch. 203, § 1; L. 1973, ch. 309, § 13; L. 1975, ch. 462, § 29;
L. 1976, ch. 145, § 121; L. 1978, ch. 347, § 5; L. 1980, ch. 106, §
7; L. 1983, ch. 286, § 16; L. 1984, ch. 147, § 8; L. 1984, ch. 135, §
2; L. 2002, ch. 160, § 1; May 23.
Any judge or clerk of the district court or person authorized by
law to perform the marriage ceremony in this state who shall fail to
comply with any of the provisions of this act shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of
not more than one hundred dollars, and the county or district attorney
of any county when presented with a statement of facts and circumstances
shall forthwith initiate and promptly follow up the necessary court
proceedings against the parties responsible for the alleged violation of
the law.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History:
L. 1913, ch. 224, § 8; R.S. 1923, 23-111; L. 1976, ch. 145,
§ 122; L. 1977, ch. 109, § 22; July 1.
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.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1867, ch. 84, § 6; G.S. 1868, ch. 61, § 6;
R.S. 1923, 23-112; L. 1976, ch. 145, § 123; L. 1977, ch. 109, § 23; L.
1990, ch. 116, § 2; July 1.
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 K.S.A. 23-102 exist why such applicant should not be
granted a marriage license; and the judge or clerk may in his or her
discretion examine witnesses under oath concerning the matters referred
to in K.S.A. 23-102, as applied to the applicant for such marriage
license, and for the purpose of this act shall have power to administer
oaths. If the judge or clerk fails to examine such applicant for license
as provided in this section, he or she shall be liable to fine for
granting license to parties not legally entitled thereto, in any sum not
exceeding one thousand dollars ($1,000), to be recovered by indictment
or information, with cost.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1867, ch. 84, § 8; G.S. 1868, ch. 61, § 8;
L. 1886, ch. 124, § 1; R.S. 1923, 23-114; L. 1976, ch. 145, § 125; L.
1977, ch. 109, § 25; July 1.
All marriages contracted without this state, which would be valid
by the laws of the country in which the same were contracted, shall be
valid in all courts and places in this state. It is the strong public
policy of this state only to recognize as valid marriages from other
states that are between a man and a woman.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History:
L. 1867, ch. 84, § 9; G.S. 1868, ch. 61, § 9;
R.S. 1923, 23-115; L. 1996, ch. 142, § 3; July 1.
(a) All marriages solemnized among the society called Friends, or
Quakers, in the form previously practiced and in use in their meetings
shall be good and valid and shall not be construed as affected by any of
the foregoing provisions of this act. All marriages previously
solemnized in this state by that society, in accordance with its forms
and usage, are hereby declared legal and valid.
(b) A local spiritual assembly of the Baha'is or representative
members of that assembly, according to the usage of their religious
community, as defined in the declaration of trust and bylaws of the
national spiritual assembly of the Baha'is of the United States and
bylaws of a local spiritual assembly may perform and witness the
marriage ceremony in this state and certify on the back of the license
the facts of the marriage and its date.
(c) Any marriage ceremony performed prior to the effective date
of this act and certified by any person who had been issued a
certificate of election as justice of the peace and the resulting
marriage are hereby declared legal and valid.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1867, ch. 844, § 10; G.S. 1868, ch. 61, §
10; L. 1870, ch. 75, § 1; R.S. 1923, 23-116; L. 1945, ch. 196, § 1; L.
1961, ch. 191, § 1; L. 1967, ch. 204, § 1; L. 1971, ch. 122, § 1; L.
1973, ch. 134, § 27; L. 1984, ch. 134, § 2; July 1.
It shall be unlawful for any person not a duly authorized
officiating person as provided by K.S.A. 23-104a to perform the marriage
ceremony in this state. Any person violating the provisions of this act
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not more than one hundred dollars ($100)
or by imprisonment in the county jail for not more than six (6) months
or by both such fine and imprisonment.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1945, ch. 196, § 2; L. 1968, ch. 207, § 6; July 1.
The books of record of marriage licenses issued, to be kept by the
judges of the district court of the several counties, and copies of
entries therein, certified by such judge under his or her official seal,
shall be evidence in all courts.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History:
L. 1867, ch. 84, § 11; G.S. 1868, ch. 61, § 11;
R.S. 1923, 23-117; L. 1976, ch. 145, § 126; Jan. 10, 1977.
The technique of heterologous artificial insemination may be
performed in this state at the request and with the consent in writing
of the husband and wife desiring the utilization of such technique for
the purpose of conceiving a child or children.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1968, ch. 272, § 1; July 1.
Any child or children heretofore or hereafter born as the result
of heterologous artificial insemination shall be considered at law in
all respects the same as a naturally conceived child of the husband and
wife so requesting and consenting to the use of such technique.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1968, ch. 272, § 2; July 1.
The consent provided for in this act shall be executed and
acknowledged by both the husband and wife and the person who is to
perform the technique, and an original thereof may be filed under the
same rules as adoption papers in the district court of the county in
which such husband and wife reside. The written consent so filed shall
not be open to the general public, and the information contained therein
may be released only to the persons executing such consent, or to
persons having a legitimate interest therein as evidenced by a specific
court order.
Kansas Statutes - Chapter 23: Domestic Relations - Article 1: Marriage
History: L. 1968, ch. 272, § 3; L. 1976, ch. 145, § 129; Jan. 10, 1977.