There are differences in their rights and responsibilities. Continue reading to find out more about important legal considerations that unmarried couples should be aware of.

Understanding Common-Law Marriage

Kansas is one of the states that recognizes common-law marriage. A common law marriage occurs when a couple lives together, without a ceremony or marriage license. Common-law marriages grant the couple certain rights, but they must also be legally married and agree to the terms. The couple must consent to being married and fulfill their role as a spouse.

Legal Status

Marriage provides married couples with greater legal protection because they are recognized as a legal entity. A married couple’s relationship is more formal and offers more protection. Unmarried couples can formalize certain aspects of their relationship through legal agreements, such as cohabitation agreements. This agreement can be used to define different aspects of a relationship, including financial obligations and property division.

Unmarried couples who have a common-law marriage can enjoy the same rights and benefits as married couples. This includes the right to inherit or receive health care. Kansas does not have a requirement for couples to live together continuously. In some states there is an obligation of cohabitation.

Taxes

Unmarried couples cannot file their taxes together as there is not a legal category or status for this. Each partner is required to file their taxes as either a single person or head of household. Unmarried couples can sometimes claim their partner as a dependent. However, it’s best to consult a tax advisor.

Children

The situation becomes more complex if the couple is unmarried and has children. In a separation, each partner can seek custody and visitation rights for the child. Legally, they are also obligated financially to support the child. All parents must obey court orders regarding child support, parenting and custody. It does not matter if they are married, separated or have a common-law relationship.

Consult a Family Law Attorney

Unmarried couples do not have the same rights as married couples. However, they can achieve similar protections by signing an agreement or democratizing their relationship in order to qualify for a common-law marriage.

Unmarried couples can grant their partner the authority to act in their name by using a power of attorney. They can also use cohabitation agreements to establish their property rights, or a healthcare directive for their partner to be able to make important healthcare decisions. Unmarried couples can benefit from the guidance of an experienced family lawyer who can explain their rights and responsibilities. If necessary, they can also help them draft an agreement that will provide legal protection.