Oscar Jogan Law Case Study

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Question Presented
Did Oscar Roger and Margaret Frost meet the qualifications for a common-law marriage under Kansas law? Brief Answer
Yes. For there to be a common law marriage under Kansas law “the marriage agreement need not be in any particular form” there just needs to be a present mutual consent to the marriage between the parties. See In re Estate of Antonopoulos, 268 Kan. 178, 993 P.2d 637, 192 (1999). Both Oscar Roger and Margaret Frost would often refer to each other as husband and wife. Margaret’s usage of Roger’s last name and rings reflect that mutual consent.
Statement of Facts
When Oscar Roger (eighteen) and Margaret Frost (nineteen) first started dating, Oscar would often stay the night at Margaret’s apartment. A year and half into the relationship Margaret and Oscar had a baby together, named …show more content…

Dixon v. Certainteed Corp., 915 F. Supp. 1158, 1160 (D. Kan. 1996). In Dixon, Plaintiff sought to recover for loss of consortium, which required the existence of a valid marriage contract. Id at 1159. Plaintiff testified he was common-law married (since he thought it only took six months to be common-law married) and had lived with his wife for two years in Kansas. Id at 1161. He went on to state that did not consider himself married nor divorced in Missouri since he thought his marriage had cancelled once they moved there. Id. This lead the Defendant to argue that his testimony did not reflect a present agreement to be married. Id. This was furthered, by the insufficient evidence in the record to determine whether plaintiff had a present marriage agreement with the woman. The court held that there was insufficient evidence in the record to support Defendant’s motion for partial summary judgment. The court found that present agreement was not a literal term. It should instead be interpreted as a relevant time

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