Kansas divorce law aside, divorce, however, has a significant impact on a lot of people around the country. Even though some couples may have no choice but to divorce, no one has to live with the financial consequences of doing so. Any sense of financial security you had during your marriage won’t be destroyed if you take the time to learn about and abide by the regulations of your state while you prepare for your divorce. Each state has its own rules, and this guide will walk you through Kansas’s so you can be informed before you do something very stupid. We discuss this topic below in detail.
Kansas divorce law: Methods for Divorce Filing in Kansas
One or both of the spouses must have spent at least 60 days residing in Kansas before filing for divorce.
Kansas’s grounds for divorce include:-
- There are fault-based and no-fault divorces in Kansas. There is no need to establish your partner’s guilt in a no-fault divorce. The two parties’ incompatibility and inability to patch things up are the only basis for a no-fault divorce. Other than that, no explanation for the split is necessary.
- Although fault divorces are much less common now than they once were, they are still a possibility. Failing to fulfill a significant marital obligation or incompatibility as a result of mental disease or incapacity are the two legal bases for a fault divorce. For the latter grounds to be valid, one spouse must show that the other has been incarcerated for at least two years in a mental facility or institution or that a judge has already declared the other spouse to be mentally ill or incapable.
One spouse must complete numerous pieces of paperwork and submit them to the county courthouse in Kansas to begin the divorce procedure.
The following details will be on the form you submit:-
- Address of each spouse’s residence;
- Information on the marriage, such as how long it lasted;
- Grounds for divorce;
- Names of any children who are minors;
- Any requests for child support; and demands for alimony
The form must then be mailed to the second spouse and served on them.
An uncontested divorce is possible if both parties can agree on the details of the divorce, such as how to divide assets, pay alimony, and handle child custody. The judge will examine your documents and the proposed decree at a final hearing that can be set sixty days after filing. Your divorce will proceed if everything is in order after it is signed.
But occasionally, there is disagreement over the conditions of a divorce, and it is challenged. During the discovery phase of this lawsuit, evidence will be gathered, including financial declarations from both parties. Together, the attorneys for the couple’s respective sides try to reach a resolution. However, a trial will be scheduled if one cannot be reached. Before rendering a decision on all pertinent issues, the judge hears evidence and testimony.
How to Divide Property During a Kansas divorce law
In Kansas, a state without community property laws, the majority of the possessions and liabilities a couple accumulates while they are married are referred to as “marital property.” Pre-marriage assets, gifts, and inheritances are considered individual property in divorce and are not included in proceedings. A piece of independent property becomes marital property if the title is changed to both spouses’ names.
After Divorce: Kansas Asset Division Procedure
Following the establishment of the marital property pool, which includes pension assets, a monetary value will be assigned to each item with the assistance of specialists or accountants as necessary. If the couple is unable to agree on how to divide the property, the judge will make the decision based on a variety of factors, such as age, the length of the marriage, the earnings and earning potential of each spouse, the amount of separate property, the tax implications, any alimony that may have been awarded, and other family responsibilities of each spouse.
How Kansas divorce law applies to support for children and maintenance
In Kansas, there are three different types of alimony: temporary, short-term, and long-term. Only for the duration of the trial, temporary alimony enables a spouse with a lower income to cover expenses.
Short-term alimony may be ordered by the court if a supporting partner needs more time to become self-sufficient. The court considers both parties’ finances for a fair decision. Typically, this support has a predetermined end date by which the supported spouse must have obtained another means of support.
Long-term alimony is uncommon; however, it may be granted when one spouse cannot be expected to support herself due to mitigating circumstances like old age, illness, disability, or other extenuating circumstances. When the supported spouse dies or remarries, the support does come to an end. In Kansas, alimony is typically limited to 121 months, but the judge has the discretion to extend that limit.
For calculating alimony payments, there is no formula. When determining alimony payments, the judge considers the length of the marriage, financial situation, standard of living, health, contributions, self-sufficiency, and impact on the recipient. It’s important for both parties to provide accurate information for a fair outcome.
The formula used to determine child support is different. Honesty is key when calculating child support. The judge considers both parents’ incomes and the child’s needs for a fair outcome.
Some FAQs about Kansas divorce law
The following are some FAQs concerning Kansas divorce law: –
In Kansas, can you get a divorce if you live apart from your spouse?
Living apart is not enough to get a divorce in Kansas. “Living separate and apart” has a specific legal definition for married partners who aren’t having a conventional marriage and don’t want to reconcile.
Instead, you must file for divorce using one of Kansas’ recognized grounds for divorce.
What distinguishes a divorce from an annulment in Kansas?
An annulment is the process of declaring a marriage defunct, whereas divorce is the process of ending a marriage that is still legally binding. Legally, an annulment makes it appear as though a marriage never existed in the first place.
An annulment dissolves a marriage that never should have been recognized, often due to lack of consent or illegal circumstances. It’s goal is to undo the marriage in the eyes of the law.
Can my partner prevent me from filing for divorce?
In Kansas, a spouse cannot prevent their partner from requesting and receiving a divorce, even if they are opposed to the divorce. While submitting a single, uncontested petition for divorce speeds up the procedure, each spouse is free to do so at any moment.
Kansas allows partners to file for an at-fault divorce, in which case the other party may challenge the claims in court. However, in Kansas, an unwilling spouse normally cannot fight a no-fault divorce petition.
Do same-sex divorces in Kansas count?
All states, including Kansas, must now perform same-sex marriages and divorces due to a federal law passed in 2015. It may still be necessary in some circumstances to amend court forms or processes to support same-sex relationships.
Overview of Kansas divorce law
Before a court in Kansas may even hear a petition, a spouse seeking a divorce must have resided in the state for at least 60 days. The spouse can utilize one of two strategies as a result. both the fault and the no-fault options.
Kansas courts only allow no-fault divorce if both parties agree to incompatibility. That will make it simpler for the court to grant a divorce decree. A contested divorce would be the only option if neither spouse could come to an agreement.
The state considers the following as grounds for filing for divorce under the option based on fault: failure to fulfill a marriage’s obligations, incompatibility owing to a mental disease, or disability in one of the partners among others.
Due to the limited number of possibilities, it is crucial to speak with a lawyer who can examine the situation and advise you on the best course of action. Additionally, they might give you a sense of how easy or tough the case might be.
Related article :