Marriage, while often a beautiful experience, is not always a fairytale. Sometimes, the disagreements or misunderstandings between couples become too significant to overcome. In such cases, divorce may seem like the best solution to end the marriage and move on. However, divorce is not a straight road, and certain procedures must be followed for it to be deemed legal and valid.
This article will delve into the grounds for divorce in Kansas, the procedure for filing for divorce, and provide insight into what to expect from the divorce process.
The Grounds for Divorce in Kansas
In Kansas, two types of grounds for divorce exist: fault-based and no-fault grounds. No-fault divorce means that the dissolution of the marriage does not depend on the fault or wrongdoing of either party. This typically occurs when both parties agree that their marriage is irreparable and they wish to terminate it.
No-Fault Grounds
Kansas recognizes two no-fault grounds for divorce:
Incompatibility
Incompatibility is considered a no-fault ground for divorce in Kansas. It signifies that the marriage has irretrievably broken down, with no possibility of reconciliation between the couple. This ground is applicable when neither party is to blame for the marriage’s breakdown.
Separation
The second no-fault ground for divorce in Kansas is separation. This stipulates that the couple has been living apart for a minimum of sixty (60) days. It is important to note that the separation must have occurred prior to filing the divorce petition. If reconciliation occurs after separation, the waiting period must restart.
Fault-Based Grounds
Fault-based grounds for divorce, in contrast, signify that the dissolution of marriage is a result of one spouse’s wrongful conduct. Kansas recognizes eight fault-based grounds for divorce, including:
Mental Illness
If one spouse is afflicted with mental illness or is declared mentally incompetent and has been institutionalized for a minimum of two (2) years, the other party can seek a divorce on this ground.
Impotence
Impotence can be used as a basis for divorce if one spouse is impotent and did not disclose this fact prior to marriage. However, the spouse seeking divorce must prove that they were unaware of the impotence at the time of marriage.
Adultery
Kansas also recognizes adultery as a valid ground for divorce. Adultery refers to voluntary sexual intercourse between one spouse and someone other than their spouse.
Extreme Cruelty
Extreme cruelty can serve as grounds for divorce in Kansas if it significantly impacts the physical, mental, or emotional well-being of the other spouse, rendering the marriage unbearable.
Habitual Drunkenness
When one spouse excessively consumes alcohol, the other spouse can file for divorce based on this ground.
Abandonment
Abandonment occurs when one spouse leaves the other without justifiable cause and with the intent to remain away permanently. This may serve as a valid ground for divorce.
Gross Neglect
If one spouse neglects their marital duties or fails to provide support to the other spouse for a period of at least two (2) years, the neglected spouse can seek a divorce on these grounds.
Felony Conviction
A spouse can file for divorce if their partner is convicted of a felony and has been incarcerated in jail for two (2) years or longer.
Filing for Divorce in Kansas
To initiate the divorce process in Kansas, one of the spouses must file for divorce in the district court of the county where either they or their spouse resides. The spouse filing for divorce is referred to as the "petitioner," while the other spouse is labeled the "respondent." The petitioner must complete and submit a Petition for Divorce form, providing reasons for the divorce and outlining the desired outcomes of the proceedings.
Furthermore, the petitioner must pay the filing fee, which varies depending on the county but generally ranges from $160 to $200. If the petitioner cannot afford the fee, they can file a Motion for Indigent Status, potentially waiving the filing fee.
After the Petition for Divorce has been filed, the respondent has the opportunity to respond. The respondent must file an Answer within twenty-one (21) days from the date of being served with the Petition. If the respondent fails to respond within this period, the petitioner may pursue a default judgment.
The Divorce Process
Following the service of divorce papers to the other spouse, the next step is to await their response. If no disagreements or controversies arise, an uncontested divorce may be possible. However, if the parties reach agreements on certain aspects while disagreeing on others, or if they fail to agree on any aspect of the divorce, mediation or litigation typically follows.
The court will need to divide marital property, determine child custody, support, and visitation, and make decisions regarding spousal maintenance. The resulting order will provide detailed articulation of the rights and obligations of each party. In cases where the parties cannot reach an agreement, a judge may be required to make these decisions.
Conclusion
Divorce is a complex process, and there are often several legal challenges that may arise along the way. It is crucial to understand the grounds for divorce in Kansas, file the appropriate divorce papers, and provide evidentiary proof during the divorce proceedings. It is important to remember that divorce is a life-altering event and should be considered a last resort after all other options have been exhausted.