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All parties-including unrepresented parties-in a divorce, annulment, or separate maintenance case must prepare and file a domestic relations affidavit on the form set forth in the appendix of the Kansas Child Support Guidelines. In a contested case, the parties must exchange domestic relations affidavits before trial.
While many consider Kansas as a no-fault divorce jurisdiction, this is actually a partially incorrect. Kansas has several laws in place regarding proving fault in a divorce. For example, the statutes require one spouse to state that the parties are incompatible.
In Kansas, there is not a mandatory period of separation prior to divorce. As long as you have been a resident of the state for sixty days prior to filing the petition for divorce, you are not required to live separately before or after the petition has been filed.
While it is not illegal to date before the finalization of a divorce, it is important to be aware of the potential legal complications that can arise. One significant concern is the accusation of having an affair.
Ultimately, it's best to avoid dating while getting a divorce. When it comes to legal matters, it's always better to be safe than sorry. You'll have plenty of time to get back out there once the marriage finally ends.
In short answer, yes, you can. However, maybe you need to ask a better question to get the information you are really looking for. In many situations, what people actually want to know is Should I date while going through divorce or how will it affect my case if I choose to date while going through a divorce?
Although dating before your divorce is final is considered adultery, the courts do not consider that when deciding to grant the divorce. This means that spousal support is not affected due to one of the spouses already being in another relationship.
In short, if you can wait to reenter the dating world until after the papers have been signed, you'll face far fewer risks of negative repercussions. Dating during your divorce isn't against any rules, but it can complicate the divorce process and might make things more difficult for you, both emotionally and legally.