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Domestic Relations Laws Divorce and Alimony Laws As of 1947

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Domestic Relations Laws Divorce and Alimony Laws As of 1947 State of Ransas Domestic Relations laws Divorce and Alimony laws as of 1947 Edurard F. Arn, Attorney General FOREWORD During World War II a similar pamphlet was prepared to meet the requests of military authorities and servicemen relative to the Kansas Law on Domestic Relations, and Divorce and Alimony. With the war ended, such requests have continued and this re­ vision was prepared to meet that demand. DOMESTIC RELATIONS Chapter 23, G. S. 1035 Article 1. Mnl'l'inge, 23-101 to 23-124. 2. Mnrrle<l Women, 23-201 to 23-207. Article 1.-MARRIAGE .23•:10:1. Nature of marriage relation. The marriage contract is to be considered in law as a civil contract, to which the consent of ~he parties is es­ sential; and the marriage ceremony may be regarded either as a civil cere­ mony or as a religious sacrament, but the marriage relation shall only be en­ tered into, maintained or abrogated as provided by law. [L. 1867, ch. 84, § 1; May 27; G. S. 1868, ch. 61, § 1; R. S. 1923, § 23-101.1 23·:10.2. Incestuous marriages void. All marriages between parents and children, including grandparents and grandchildren of any degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins, are declared to be in­ cestuous and absolutely void. This section shall extend to illegitimate as well as legitimate children and relations. [L. 1867, ch. 84, § 2; May 27; G. S. 1868, ch. 61, § Z; R. S. 1923, § 23-102.] .23·:103. Penalty for violating § 23-102. Whoever shall contract marriage in f!!ct contrary to the provisions of the preceding section, and whoever shall issue any license for or solemnize any such marriage knowingly, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine or imprisonment, or both, at the discretion of the jury which shall try the cause; or if the conviction be by confession, at the discretion of the court; the fine not to be more than one thousand nor less than one hundred dollars, and imprisonment not less than three months nor more than five years. [L. 1867, ch. 84, § 3; May 27; G. S. 1868, ch. 61, § 3; R. S. 1923, § 23-103.1 .23·:104. Solemnizing marriage without license; penalty. If any person empowered by law to join others in marriage shall marry any person before a license issued by a probate judge of some county in the state, under his hand and official seal, be produced to him, he shall be deemed guilty of a misde­ meanor, and on conviction shall be punished by a fine not exceeding one thou­ sand dollars. [L. 1867, ch. 84, § 4; G. S. 1868, ch. 61, § 4; L. 1909, ch. 163, § 1; March 5; R. S. 1923, § 23-104.] .23•:105. Registrar of vital statistics. That all marriages occurring within the state shall be registered with the state registrar of vital statistics at the state capitol as hereinafter provided. [L. 1913, ch. 224, § 1; April 30; R. S. 1923, § 23-105.] .23•:106. Issuance of license; form; waiting period; age of consent; affidavit; penalty for false swearing; duties of probate judge. That the probate judges of the several counties in this state, when applied .to for that purpose by any person legally entitled to a marriage license, and who is one of the parties to such proposed marriage, shall issue a marriage license in sub­ stance as follows: -3- MARRIAGE LICENSE (Name of place where office is located, month, day and year) To ANY PEnsoN authorized by law to perform the n1arriage ceremony, Greeting: You ore hereby authorized to join in marriage A B of ---, aged --, and C D of ---, aged -.- (and name of parent or guardian consenting)_, and of this license, dulYr endorsed, you will make due return to the office of the state registrar of vltnl statistics at Topeka immediately after performing the ceremony. E F, Probate Judge. Provided, No probate judge shall issue a marriage license before the third calendar day (Sundays and holidays included) following the date of the filing of the application therefor in his office except in cases of emergency or extra­ ordinary circumstances, a judge of the district court may, upon proper show­ ing being made, permit by order of the court the issuance of such marriage license without waiting said three days; and every probate judge shall record in a book kept for that purpose, all applications filed for marriage licenses, which records shall show the name of the person applying for such license and the date of the filing of such application and the names of the parties to the proposed marriage: Provided, No probate judge shall issue a license author­ izing the marriage of any male person under age of twenty-one years, or fe­ male person under the age of eighteen years, except with the consent of his or her father or mother, ol', if both be dead or incapable, his or her guardian, as the case may be, if she or he have one, which consent, if not given at the time in person, shall be evidenced by a certificate in writing subscribed thereto and duly attested: Provided further, That where such consent shall have .been given as herein provided, no license shall be issud to any male person under the age of eighteen years, or female person under the age of sixteen years, without the consent of the probate judge in addition thereto: Provided /ttr­ ther, That the probate judge may issue a license upon the affidavit of the party personally appearing and applying therefor, to the effect that the parties to whom such license is to issue are of lawful age, as required by this section, and the probate judge is hereby authorized to administer oaths for that pur­ pose. Every person swearing falsely in such affidavit shall be deemed guilty of a violation of this act and shall be punished by a fine not exceeding five hundred dollars. The probate judge shall state in every license the age of the parties applying for the same, and, if either or both are minors, the name of the father, mother, or guardian consenting to such marriage. [L. 1867, ch. 84, § 5; G. S. 1868, ch. 61, § 5; L. 1905, ch. 302, § 1; L. 1913, ch. 224, § 2; April 30; R. S. 1923, § 23-106; L. 1947, ch. 240; June 30.] NoTE.-Section 23-106 is a part of article 1, chapter 23 of the General Stat­ utes which article deals with the subject of marriage and as such is special legislation pertinent to this particular subject. Consequently, the provisions of this particular section relative to the computation of time being also legis­ lation pertinent to a special subject would supersede general legislation upon the same subject. This requires that the time for issuing a license as provided for in House bill No. 88, be determined by the provisions quoted above. The language used is clear and unambiguous, and provides that Sunday and holi­ days shall be included in the count to determine "the third calendar day." It is not mandatory that the license be issued on "the third calendar day." If the third calendar day falls on Sunday or a holiday, it would be discretionary with the probate judge as to whether or not he would issue it on that day or on the first regular business day following. Applying the above interpretation to two suggested examples: (1) Application for license made July 5, license could not be issued before July 8, and would be issuable on that day. (2) Application for license made July 3, -4- license could not be issued before July 6, and would be issuable on that day at the discretion of the probate judge. It should also be noted that House bill No. 88, is mandatory in requiring that the application for a marriage license be made by at least "one of the parties to such proposed marriage," appearing in person before the probate judge.-Excerpts of attorney general's opinion, May 21, 1947. 23·107. Forms for licenses. The forms for license shall be furnished by the state registrar and shall contain a part to be detached and forwarded to the s.tate registrar by the probate judge as hereinafter provided, and also a part to remain as a stub for the record of the probate judge in addition to the marriage license to be delivered to the applicant therefor. [L. 1913, ch. 224, § 3; April 30; R. S. 1923, § 23-107.] . 23·108. Collection of registration fee. That the probate judge shall collect from the applicant for said marriage license an additional registration fee of one dollar (81). [L. 1913, ch. 224; §4; R. 8.1923, §23-108; L. 1925, ch. 201, § 1; May 28.] 23·1 09. Return by minister or officer; records; report to state regis­ trar. That every person who shall perfom1 any marriage ceremony under the provision of this act, shall within ten days after such marriage, return the said license to the probate judge who issued the same, with his certificate of such marriage endorsed thereon; and said probate judge shall forthwith enter the same on the marriage record in his office, and shall not later than the third day of each month, forward to the state registrar the license and certificate of marriage, together with a statement of the names of the parties and the name and address of the party who performed said marriage ceremony, and shall re­ mit to the state registrar the one dollar ($1) provided for in section 23-108 of the Revised Statutes of Kansas for 1923, immediately preceding this section: Provided, That in case no marriage license has been issued by the probate judge during the month, he shall promptly notify the state registrar to that effect on a blank provided for that purpose.
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