Introduction
Making the difficult decision to file for divorce in Kansas comes with a set of legal requirements, specifically related to residency. Familiarizing yourself with these residency criteria is crucial before moving forward with the divorce process. This article aims to outline the residency requirements in Kansas and provide you with the necessary information to ensure compliance.
General Residency Criteria
Kansas mandates that at least one spouse should have been a resident of the state for a minimum of 60 days before filing for divorce. Therefore, either you or your spouse must have been living in Kansas for two months before initiating the divorce proceedings in the state.
Exceptions to the General Residency Criteria
While the general residency requirements apply to most cases, Kansas recognizes certain exceptions. For instance, if you are a member of the armed forces stationed in Kansas, you may be considered a resident for the purpose of divorce filing. Additionally, if you or your spouse previously resided in Kansas when your marriage faced breakdown and subsequently relocated out of the state, you may still be eligible to file for divorce in Kansas.
Establishing Residency
If you are not currently a resident of Kansas but intend to file for divorce there, establishing residency is necessary. This entails relocating to Kansas and residing there for at least 60 days prior to initiating the divorce proceedings. It is important to note that merely renting a property in Kansas for the specified duration does not qualify as establishing residency. Residency is established when you actually live in Kansas with the intent to make it your permanent home.
Conclusion
Fulfilling specific residency requirements is pivotal when filing for divorce in Kansas. At least one spouse must have been a Kansas resident for a minimum of 60 days before commencing the divorce process. Various exceptions exist, such as those applicable to members of the armed forces and individuals who previously resided in Kansas. If you are not presently a Kansas resident but wish to file for divorce in the state, it is imperative to reside there for at least 60 days with the genuine intention of making it your permanent home. Seek guidance from an experienced family law attorney to clarify any doubts you may have regarding the residency criteria for filing for divorce in Kansas.