Kansas Divorce & Separation
UPDATED: February 27, 2020
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Obtaining a legal separation or divorce is commonplace and relatively straightforward in every state. What you might not know, however, is that the laws and rules governing these processes can differ widely from state to state, so familiarizing yourself with the details of your state’s divorce laws is a must. What are the requirements for getting a divorce in Kansas? Is mediation a requirement before you can get a Kansas divorce? What is the law on Kansas annulments? Find the answers to your Kansas divorce questions here.
Kansas Legal Separation:
Legal separations are allowed in Kansas and granted on the same grounds as divorces (see “Grounds for Divorce” below). Separations are granted in many circumstances where the court finds the marriage should be maintained, but separate living arrangements are necessary. A separation agreement (a voluntary document negotiated between the parents in which issues of property, alimony, and childrearing are resolved) may be called for. If so, and the court finds the negotiated agreement to be valid and fair, it can be incorporated into an eventual divorce decree.
Grounds for Divorce/Fault – No Fault:
Kansas has both fault and no-fault grounds for divorce. For no-fault divorces, “incompatibility” is the simple standard used to show grounds. Fault-based grounds, on the other hand, must be more specific, for instance the failure to perform a material marital duty or obligation, and/or the established mental illness or incapacity of one or both spouses.
Residency/Where to File for Divorce:
To file for divorce, either party must have been a resident of the state for at least 60 days before filing, and the petition must be filed in the district court with jurisdiction over the county in which either party resides.
Kansas Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in Kansas:
For marriages with children, the court has the right to order the successful completion of a Parent Education class. Mediation, an out-of-court dispute resolution process, may be ordered as well. If so, it would likely involve the services of a well-trained, court-appointed mediator. A mediation session might be called for if there are issues that could be resolved and agreed upon amicably through a conference rather than forcing the parties, the children, and the court system to suffer through unnecessary litigation.
An annulment is a court declaration that your marriage is legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with, for reasons including underage, fraud, incompetence to consent, unsound mind, and/or attempting to evade Kansas marriage laws by marrying in another state.
Kansas Online Divorce Services:
Kansas Divorce Laws: Click below to find the Kansas Divorce laws you’re looking for: