Divorce, a legally complex procedure that terminates a marriage, involves various steps. If you are contemplating filing for divorce in Kansas, it is essential to familiarize yourself with the process. In this article, we will delve into the intricacies of filing for divorce in the state, ensuring you are well-informed.
Residency Requirements:
Prior to commencing divorce proceedings, you must satisfy Kansas residency prerequisites. The state imposes two types of residency requirements for divorce cases.
Either you or your spouse must be a resident of Kansas for a minimum of 60 days before initiating the divorce process.
Military personnel serving in Kansas must have their deployment station in the state for at least 60 days before filing for divorce.
Grounds for Divorce:
Kansas upholds a "no-fault" divorce policy, indicating that it is unnecessary to prove any wrongdoing on your spouse’s part to seek a divorce. You can file for divorce citing "incompatibility" or irreconcilable differences."
Filing for Divorce:
To file for a divorce in Kansas, you must submit a petition for divorce in the district court of the county where either you or your spouse resides. Alongside the petition, you must serve your spouse a copy of the petition and summons. Following the petition’s submission, you must observe a mandatory waiting period of 60 days before the court can grant the divorce.
Legal Separation:
Kansas also grants the option of pursuing legal separation, a process akin to divorce but without terminating the marriage. If you do not meet the residency requirements of Kansas or are not yet prepared for a divorce, filing for legal separation can be considered.
Division of Property:
When dividing the marital assets between spouses, Kansas employs an equitable distribution system. The court takes into account factors such as the duration of the marriage, each spouse’s contributions, and their respective financial situations.
Child Custody and Support:
In cases involving children, the court prioritizes the best interests of the child when determining custody arrangements. Additionally, child support is established based on the income of each parent and the child’s requirements.
Conclusion:
Filing for divorce in Kansas can be an emotionally taxing and intricate process. Hence, it is crucial to engage the services of a skilled divorce attorney who can provide guidance and safeguard your rights throughout this journey. If you are contemplating divorce in Kansas, seek the expertise of a divorce lawyer to discuss your circumstances and explore the legal options available to you.