PR 05115.019 Kansas

A. PR 78-001 Presumption of Divorce — KANSAS, ~, John S~, DWE Annie B. S ~ (Your Memorandum Dated May 5, 1978)

DATE: June 19, 1978

1. SYLLABUS

In Kansas, where two marriages of an individual are proved, there is a presumption that the first was dissolved by death or divorce before the second was contracted. This rule is applicable even though the second was a common-law marriage. John — ~- Region VII - OGC - — Mid-America Program Service Center — 6/19/78)

2. OPINION

The facts you have submitted indicate that Annie B. S~ entered into a ceremonial marriage with Fred M~ in 1951. She petitioned for divorce on December 3, 1955. The petition was dismissed for want of prosecution on June 28, 1958. No other divorce records have been obtained, and Mr. M~ has not been located. In addition, Ms. S~ has alleged a common-law marriage with John S~ in Kansas, beginning in the fall of 1963. She stated that the marriage ended with Mr. S~ death on August 27, 1977.

You have asked whether Kansas law would presume of the validity of the last marriage where that marriage is by common-law. Our response is that we have found no Kansas decision which would change our previous opinions on this subject. Therefore, we reiterate that in Kansas, where two marriages of an individual are proved, there is a presumption that the first was dissolved by death or divorce before the second was contracted. The rule is applicable even though the second was a common-law marriage. (See GC opinion re M~ ,~ February 5, 1965; GC opinion re W~ C-6682, ~ April 21, 1949)


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1505115019
PR 05115.019 - Kansas - 05/22/2002
Batch run: 01/27/2009
Rev:05/22/2002