Getting married in Kansas is exciting. But the legal side can feel confusing if you don’t know where to start.
This guide breaks it all down. You’ll learn the rules, the steps, and what to watch out for — in plain, simple language.
What Is a Marriage License?
A marriage license is the legal document that makes your marriage official. You need it before the ceremony. Without it, your marriage isn’t recognized by the state.
Think of it like a permission slip from the government. You apply for it, wait a few days, and then you’re cleared to get married. Pretty straightforward.
Kansas handles marriage licenses through the district court system. You apply online. No need to visit a courthouse in person anymore.
Who Can Get Married in Kansas?
Okay, this part is important. Kansas has specific rules about who is allowed to marry.
Both people must be at least 18 years old. That’s the current law. A bill introduced in the 2025-2026 session would make 18 the firm minimum age, with no exceptions for younger individuals. As it stands today, there are still some limited exceptions for those under 18, but lawmakers are working to close them.
Both people must be mentally capable of understanding what marriage means. You also can’t be already married to someone else. And you can’t marry a close relative.
Kansas law specifically bans marriages between parents and children, grandparents and grandchildren, brothers and sisters, uncles and nieces, aunts and nephews, and first cousins. These are considered void under Kansas law. That means they’re not just illegal — they don’t exist at all in the eyes of the state.
Wondering about same-sex marriages? Same-sex couples can legally marry in Kansas. Same-sex marriage became legal in Kansas following the U.S. Supreme Court’s decision in Obergefell v. Hodges on June 26, 2015. That ruling applies nationwide and currently remains the law of the land.
How to Get a Marriage License in Kansas
Here’s where things get practical. Let’s walk through the steps.
Step 1: Apply Online
You will no longer be able to obtain a marriage license by going into a district court clerk’s office. Everything must be done electronically through the state’s online application system. You must have an email address, specific details for each person, and a way to pay online.
So simple! You can do this from your couch.
Step 2: Wait Three Days
No clerk or judge shall issue a marriage license before the third calendar day following the date of filing the application. Sundays, holidays, and days when the clerk’s office is closed don’t count toward that waiting period.
Here’s a quick example: If your application is submitted on Monday, the license will be issued the following Thursday. If submitted on Tuesday, it will be issued the following Friday. Applications submitted Wednesday through Friday will result in a license issued the following Monday.
Plan ahead. Don’t apply the week of your wedding.
Step 3: Pay the Fee
The marriage license fee is set at the county clerk level and varies by county. A representative figure typically falls in the $30 to $115 range. Some counties charge more than others. Always check with your specific county.
One county example: A marriage license in some districts costs $85.50. There is also a $2.14 fee if you pay by credit or debit card, or a $1.25 fee if you pay by electronic check.
Step 4: Get Married
Once you have the license, you’re good to go. You may get married anywhere within the state of Kansas with the license after it has been issued.
Hold on — there’s one more thing to know.
Step 5: Return the License
After the ceremony, your officiant needs to sign the license. The completed marriage license must be returned to the issuing court within ten days after the ceremony. Don’t skip this step. It’s what makes your marriage officially recorded.
How Long Is a Marriage License Valid?
A marriage license is valid for six months from the date it is issued. So if life gets busy and your wedding date shifts, you have a window. Just don’t let it expire.
You’re not alone if you didn’t know this. Most people assume the license lasts forever. It doesn’t.
Who Can Perform the Ceremony?
Not just anyone can legally marry you in Kansas. The officiant must be authorized by state law.
Kansas law lists who is authorized to perform a marriage ceremony. Generally, the list includes judges and religious clergy. Certain civil officials also qualify. Kansas also allows online ministers to officiate in some cases, but it’s best to verify with your county.
A marriage can be validly performed after a license is issued, by the mutual declarations of the two parties before an authorized officiating person and in the presence of at least two competent witnesses over 18 years of age.
Yep, you need two witnesses at your ceremony. Keep that in mind when making plans.
Common Law Marriage in Kansas
This one surprises a lot of people. You don’t have to have a ceremony to be married in Kansas.
Kansas recognizes common-law marriage under certain circumstances and has done so for over a century. This is a marriage without a license or a formal ceremony. But it comes with real legal responsibilities.
Not sure what that means for you? Let me break it down.
Under Kansas law, three specific requirements must be met for a common-law marriage to exist. Here’s what they are:
First, both parties must be of sufficient age and mental capacity — meaning 18 years old and understanding what they are agreeing to.
Second, the couple must have a “current intent” to be married. This means a present agreement to be married, not an intent to become married sometime in the future.
Third, the couple must “hold themselves out to the public as husband and wife.” That means they don’t keep their marriage private.
Honestly, this is the part most people miss. You can live together for 20 years and not be common-law married. Living together for seven years does not automatically make you common-law married. Having children and living together does not make you common-law married either.
Public presentation matters. Couples must demonstrate to the community that they are married. This can be done through using the same last name, referring to each other as husband and wife, and filing joint tax returns.
Here’s where it gets serious: other than the way they come about, there’s no difference between a common-law marriage and a ceremonial marriage. Both end only upon divorce or death. If you’re a common-law spouse, you can’t end the relationship by simply walking away.
Think of it like a regular marriage, but with extra steps to prove it exists.
Marriages That Are Void in Kansas
Some marriages are completely invalid under Kansas law. These are called “void” marriages.
A “void” marriage is a marriage prohibited by the laws of the state. Examples are marriages between a couple too closely related — first cousins or closer in Kansas — and marriages between two people when one of them is still married to another person.
If your marriage is void, a court must grant an annulment. You can request an annulment no matter how long you’ve been married.
There are also “voidable” marriages. These are different. A “voidable” marriage may be invalidated by one of the parties because of some “material fact” that existed when the couple married — such as when one or both parties didn’t know about a key fact that would have led them not to marry.
Certificates and Records
Once you’re married, you may need an official copy for legal purposes. Things like changing your name, updating insurance, or filing taxes together.
Completed marriage licenses are first filed with the County Clerk of the District Court in the county where the marriage license was issued. The district courts then forward the completed licenses to the Office of Vital Statistics.
To get a certified copy of your marriage certificate, contact the Kansas Department of Health and Environment. The fee for certified copies of marriage certificates is $20.00 for each certified copy. This fee allows a five-year search of the records.
Wait at least two weeks after your ceremony before requesting a copy. Processing takes time.
If You Were Previously Married
This part is important for anyone who has been married before.
Previously married applicants should bring a certified copy of the divorce decree, annulment order, or death certificate as proof the prior marriage has ended.
You can’t legally marry someone new while still legally married to someone else. That would make your new marriage void.
Most people don’t realize how strict these rules are. Make sure your paperwork is in order before applying.
Special Circumstances: Emergency Waivers
Sometimes life doesn’t follow a schedule. If you have a medical emergency or another extraordinary situation, you may be able to skip the three-day waiting period.
In cases of emergency or extraordinary circumstances, a judge of the district court may, upon proper showing, permit by order of the court the issuance of a marriage license without waiting three days.
This is rare. You’d need to show the judge a real reason. But it is an option if you need it.
How to Apply for Your Kansas Marriage License
Here’s a quick rundown of what you need to do:
Go to the Kansas Judicial Branch website. Fill out the online application. You’ll need full legal names, dates of birth, and addresses for both people. If either of you has been married before, have proof ready that the marriage ended.
Processing can take two weeks from the date of your application. Allow at least two weeks from the date of your application. You can’t get a marriage license the same day you apply.
Don’t wait until the last minute. Start this process early. Give yourself a full month before your wedding date if possible.
After everything is done, don’t forget to return the signed license. It’s the final step that makes it all official.
Frequently Asked Questions
Do both people need to apply together?
Not in person. When you electronically sign the marriage license application, it is treated as if you appeared in person. You are not required to visit the courthouse. Both applicants still need to complete the application separately online.
Can we get married in a different county than where we applied?
Yes. You may choose any of the 105 counties in the state of Kansas to process your electronic marriage license. You may also get married anywhere within the state of Kansas with the license after it has been issued.
Does Kansas have a residency requirement?
While Kansas has no residency requirement for marriage licenses, there is a state-wide, mandatory 3-day waiting period after you file your application before you can receive the actual marriage license. Out-of-state couples are welcome to marry in Kansas.
What happens if there’s a mistake on my license?
Call the court in the county where you applied. Tell the clerk what needs to be corrected. The clerk will make the correction and re-issue the license. Do not wait until after the ceremony to ask for the correction.
Is a common-law marriage the same as a regular marriage legally?
Yes. Once a common-law marriage is established in Kansas, the couple is entitled to the same legal rights and responsibilities as couples in formally recognized marriages. They have the right to inherit property from their spouse, access health care benefits, and make medical decisions for each other.
Can a friend who is an online minister marry us?
Kansas allows certain officiants beyond traditional clergy and judges. It’s best to check with your specific county to confirm that your chosen officiant qualifies under Kansas law before your ceremony date.
Final Thoughts
Now you know the basics of getting married in Kansas. It’s honestly not that complicated once you break it down.
Apply online, wait three days, get married, and return the signed license within ten days. That’s the core of it.
If you’re in a common-law relationship, be aware of your rights and obligations. Those legal ties are real, even without a ceremony.
When in doubt, check with your county district court or talk to a family law attorney. A quick consultation can save you a lot of headaches later.
Congratulations on your upcoming marriage. You’ve got this.
References
- Kansas Marriage License Application — Kansas Judicial Branch
- Kansas Statute § 23-2505 — Marriage License Requirements
- Kansas Statute § 23-2503 — Incestuous Marriages Void
- Marriage Certificate Copies — Kansas Department of Health and Environment
- Common Law Marriage in Kansas — Gates Shields Family Law
- HB 2026 — Kansas Legislature, 2025-2026 Session
