Getting a divorce in Kansas involves addressing several important aspects, one of which is the topic of remarriage. Legal considerations and specific requirements need to be followed to protect the rights of both parties involved in the divorce.
Filing for Divorce in Kansas
Before addressing the topic of remarriage, it is crucial to understand the process of filing for divorce in Kansas. To initiate a divorce, at least one of the parties must have resided in the state for a minimum of 60 days before filing. The grounds for divorce in Kansas can be categorized as follows:
- Incompatibility
- Failure to perform a material marital duty
- Incompatibility due to mental illness or incapacity
Property Division in Kansas
Kansas follows the principle of equitable distribution when it comes to dividing property and assets during a divorce. This means that the division is not necessarily equal, but rather fair. The court takes several factors into consideration, including:
- Duration of the marriage
- Age, physical, and emotional condition of both parties
- Income and property of each party at the time of marriage and at the time of divorce
- Contribution of each party to the acquisition, preservation, and appreciation of their respective estates
- Income and earning capacity of each party
- Desirability of retaining certain assets
- Tax consequences for each party
- Any other factor the court deems necessary
Alimony in Kansas
During a divorce, one spouse may be awarded alimony, also known as spousal support or maintenance. Determining the amount and duration of alimony payments depends on various factors including:
- Duration of the marriage
- Age, physical, and emotional condition of both parties
- Financial resources of both parties, including income and property acquired during marriage
- Time and expense necessary for the receiving party to obtain education or training for suitable employment
- Contribution of each party to the education, training, or earning capacity of the other party
- Standard of living established during the marriage
- Likelihood of the receiving party becoming self-sufficient within a reasonable timeframe
- Any other factor the court finds relevant
Legal Considerations for Remarriage Post-Divorce
In Kansas, there are important legal considerations when it comes to remarriage after a divorce has been finalized.
Waiting Period
Kansas has a mandatory 30-day waiting period for remarriage after the finalization of a divorce. This waiting period allows both parties the opportunity to appeal the divorce if they wish to do so.
Child Support and Custody
If minor children are involved in the divorce and child support and custody have not been finalized, getting remarried can impact the outcome of these decisions. It is essential to consult with an attorney before getting remarried if these issues have not been resolved.
Property Settlements
Remarrying before the property settlement is finalized can affect the division of property. Seeking legal advice is crucial before entering a remarriage if property division matters have not yet been resolved.
Requirements for Remarriage in Kansas
Apart from legal considerations, specific requirements must be met to remarry in Kansas.
Age Requirements
In Kansas, both parties must be at least 18 years old to marry without parental or guardian consent. If either party is under 18, they need consent from a parent or guardian.
Blood Tests
Kansas does not mandate blood tests for marriage.
Marriage License
Both parties must apply for a marriage license in the county where either party resides. The marriage license remains valid for six months from the date of issue.
Officiant
The marriage ceremony must be solemnized by an individual authorized by Kansas law, including judges, justices of the peace, or licensed ministers.
Conclusion
While divorces can be challenging and emotionally draining, considering the topic of remarriage holds significant importance. By comprehending the legal considerations and requirements for remarriage in Kansas, both parties can safeguard their rights. Consulting an attorney is always advisable to ensure all necessary steps are taken and mitigate any unforeseen legal issues that may arise.