Kansas Wedding Laws
Despite being landlocked in the middle of the U.S., Kansas has something for everyone. But whether a couple wants to marry in the suburbs of Kansas City, on the plains near Dodge, or at the top of Mount Sunflower, it is important to comply with Kansas's unique marriage laws and other requirements. For officiants, it is equally important to understand and meet all legal obligations. Whether you are planning to marry the love of your life in the Sunflower State or to officiate a wedding there, this in-depth guide should give you a working knowledge of Kansas's marriage-related rules.
Kansas Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
To marry in Kansas, each member of the couple must be at least 18. State law does make an exception for marrying individuals between the ages of 16 and 18, however. If either member of the couple has not yet turned 18, it is possible to receive a marriage license with the written consent of all legal parents or guardians. Those who are 15 may marry after a judge determines it is in their best interests. For a marriage to be legally binding in Kansas, both members of the couple must be no closer related than second cousins. Of course, like with all other states, Kansas recognizes same-sex marriages.
§ 23-106
(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.
How to Get a Kansas Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in Kansas
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- $85.50
- Accepted I.D. Types:
- Government Issued ID
- Proof of Divorce Required (If Applicable):
- No
- Blood Test Required:
- No
Before marrying in the Sunflower State, a couple must obtain a marriage license. To do so, at least one member of the couple must appear in person before a county clerk or judge. To verify age, the applicant must provide a passport, driver's license or another acceptable form of identification. Applicants must also swear that all information they have provided in the license application is true. If it is not, the person who provided inaccurate information may be subject to a fine and even misdemeanor criminal charges. The cost for applying for a marriage license in Kansas is $85.50, which the applicant must pay in cash.
§ 23-108a
(a) The judge or clerk of the district court shall collect from the applicant for a marriage license a fee of $85.50 (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.
Applying For a Marriage License in Kansas
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 3 Days
- License Valid For:
- 6 Months
- License Must Be Submitted:
- Within 10 Days of Ceremony
Kansas law requires all marriage licenses to have the names of the county, each member of the couple, and the clerk or judge who issued it. It must also have the date of issuance. Furthermore, absent a judicial order, no marriage license should be issued fewer than three calendar days after application. After the couple receives a marriage license that meets all legal requirements, they must marry within six months. If the wedding is to take place later, applying for a new marriage license is likely necessary. Fortunately, regardless of the location of the clerk or judge, the marriage license is valid for ceremonies anywhere in the Sunflower State. Ceremony officiants have 10 days after completing the ceremony to return the completed license to its issuer.
§ 23-106 (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.
How to Become a Wedding Officiant in Kansas
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Ordination Credential
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- Probate Court
- Latest Document(s) Submission Date Allowed:
- Before the Ceremony
- Minister I.D. # Issued:
- No
Before conducting a marriage ceremony, ministers must provide their credentials to a Kansas probate court. State law allows for both religious and civil ceremonies, though. Ministers who receive their ordination through the Universal Life Church are religious actors under Kansas law. This is true whether the ceremony is religious in nature or only has secular elements. State law prohibits anyone who is not authorized to perform a marriage ceremony in Kansas. If ministers or anyone else do not have the authorization to conduct a marriage ceremony, they may have to pay a $100 fine.
§ 23-104a
(a) 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. (b) 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. (c) 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.
Getting Married in Kansas
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- Varies by County
- Min. Age of Witnesses:
- 18
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
Marrying couples and officiants enjoy wide latitude to craft the ceremony as they see fit. Whether the ceremony has religious elements or is secular, each marrying couple must express the intention to enter into marriage. They must also consent to the union. Additionally, in Kansas, the officiant at the wedding ceremony must pronounce the couple legally married. This step is critical to solemnize the marriage.
§ 23-116a
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.
Finalizing the Marriage
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
While many of the officiant's duties end when the ceremony does, the officiant must ensure the marriage license is properly completed. This requires the signature of the officiant, each member of the couple, and two witnesses over the age of 18. Kansas law requires the completion of two marriage licenses. After successfully completing these licenses, the officiant should leave one with the couple and return the other to the clerk or judge who issued the license within 10 days of the ceremony. After that, the clerk or judge should add the marriage to the Kansas matrimonial registry and forward relevant information to the Kansas Secretary of Health and Environment.
§ 23-109
(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.