In Kansas if you file taxes with someone that you aren't married to are looked at as being married?

Question

So if you separate do you have to get a divorce?

Answer 1

No, you're looked at as having filed a fraudulent return.  

Kansas does recognize common law marriage, but it has a number of requirements - just filing a joint tax return doesn't make you common law married although if you are common law married you can legally file a joint return.  If you are c.l. married, you ARE married, and then yes, if you separate, would have to get a divorce.

Answer 2

Kansas recognizes "common law marriage".  According to the source,  in order to have a valid common law marriage, the couple must do all of the following:

* live together for a significant period of time (not defined in any state)

* hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and

* intend to be married

The source also reports that there is no such thing as a "common law divorce". and you have to go through a formal divorce process in order to become unmarried.

But, if you aren't married, then filing a joint tax return with your "spouse" is tax fraud.

Answer 3

I don'tt think so, because you were never married. When me and my husband were living together we filed and one of us filed as head of household, that's how we did it. then when we got married we filed married filing jointly.

Answer 4

It doesn't matter what state your in...if you are filing a joint return then you are claiming to be married; either by common law or a traditional marriage. Meaning that you are either married (or that is your intention) or you are committing fraud.

If you simply read the form it will explain it. The line will say "married filing joint" it doesn't say living together filing joint. Also, look at the small print above where you sign your name. It states that you are claiming everything on the tax return is true to the best of your knowledge under the penalties of perjury.

There are many things that will effect if you are truly married by common law. A sworn statement such as a tax return goes a long way to proving it.

The reason I state that it doesn't matter what state your in is because it is governed by the state laws were the relationship started.  Meaning if you are married by common law in one state and then move to another state that does not have common law marriage...your still married in that state.

And, yes if you have a common law marriage, the correct legal way to end that marriage is by a formal divorce.

Hope this helps