Divorce Laws in Kansas

Divorce in Kansas: Laws, Attorneys & Family Lawyers

Kansas’ divorce rate of 3.2% per 1,000 of the population is comparatively lower than other states of the country. Divorce in this state is granted on both no-fault and fault divorce grounds and typically follows conservative family court laws.ments are rare, as the grounds which don’t qualify for annulment are usually sufficient enough for obtaining a lawful divorce. For those seeking legal guidance, divorce lawyers and attorneys are available to assist.

Divorce Grounds In Kansas

The divorce rate of Kansas in 2001 was 47.6%. You can file for divorce under the following divorce grounds in Kansas:

No-Fault Divorce Grounds in Kansas

No fault divorce grounds in Kansas are:

• Incompatibility: Incompatibility is a lawful divorce ground in Kansas. Both you and your spouse can file for divorce under this no-fault divorce ground in Kansas, if you are incompatible.

Fault Divorce Grounds in Kansas

The following are the fault divorce grounds in Kansas:

• Failure to Perform Material Marital Duties: Material marital duties include financial and physical duties. You can claim divorce, if your spouse is not fulfilling the material marital and sexual obligations. This divorce ground in Kansas is a major cause of divorces in Kansas.
• Mental Illness or Incapacity: If your spouse is mentally ill and is incapable of performing his duties, you can obtain divorce under this divorce law in Kansas. The court will consider two points:
  • The mentally retard spouse must be institutionalized for at least two years.
  • Establishment of mental disability of your spouse by a court of jurisdiction.

It’s always wise to consult a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Kansas.

Kansas Divorce Laws

If you’re considering divorce in the state of Kansas, there are a few laws you should be aware of. In the state of Kansas, the petitioner must be a resident of the state for 60 days prior to filing a divorce case. However, if the petitioner is posted at a military reservation within the state for 60 days just before filing for divorce, the case will be allowed. In this case, Kansas divorce laws allow filing an action for divorce in any county adjacent to the reservation.

Documents Required to File Divorce

In accordance with Kansas divorce laws, there are a few documents that must be provided in order to file divorce:

• Petition for Divorce
• Decree of Divorce

Additionally, you may need to provide the following documents:

• Verification (for petition)
• Marital Settlement Agreement
• Declaration under the Uniform Child Custody Jurisdiction Act
• Notice of Final Hearing

Distribution of Property

Under Kansas divorce laws, the court decree shall equally divide the property of the parties, including any retirement and pension plans. The property may be owned by either spouse before the marriage, acquired by either spouse in the spouse’s own right after marriage, or acquired by the spouses’ joint efforts.

The court will award full property or a part of it under conditions prescribed by the court.

Name Changes or Restoration of Name

In Kansas, both spouses can revert back to their median name after obtaining a divorce.

Mediation Counseling

Kansas divorce laws allow the court to order any party, either the parties or any of their children, to be interviewed by a psychiatrist, licensed psychologist, or other trained professional in the counseling process. This is done with the express purpose of solving issues such as legal custody, residency, visitation, or parenting time.

Alimony

Kansas divorce laws maintain an award of allowances to either party for future support, chiefly as life continuance.

Child Custody

The court determines custody of a child in accordance with the best interests of the child. If both the parties agree to have joint child custody, the court shall presume the agreement in the best interests of the child. However, the court may dismiss the supposition if it finds that the agreed parenting plan is not in the child’s best interest.

Child Support

Regardless of the custodial arrangement ordered, the court may order the child support to be paid by either or both parents for any child less than 18 years of age.

If you would like more comprehensive information on the divorce laws in Kansas, it’s best to consult with a professional divorce attorney or divorce lawyer.

Kansas Annulment Laws: What You Need to Know

Annulment is a legal process to nullify a marriage, and for many people in Kansas, it is preferable to divorce. The court’s declaration that the marriage never existed is a powerful one, and it allows both parties to remarry. But what are the valid annulment grounds set by the Kansas annulment laws? Let’s take a look.

Fraud or Misrepresentation

If your spouse has lied or misrepresented themselves in order to get married to you, you can file for annulment under the Kansas annulment laws. This can be due to a variety of factors, including lying about their age, marital status, or other facts that were important to the marriage.

Bigamy

If your spouse was already married when they married you, then you can obtain an annulment under the Kansas annulment laws.

Impotency

Impotency is also a major annulment ground in Kansas. If your spouse is impotent and this is adversely affecting your married life, you can claim annulment under Kansas annulment laws.

Consanguinity

Consanguinity refers to blood relations. If you and your spouse are related by blood, like father and daughter, mother and son, sister and brother, uncle and niece, aunt and nephew, grandfather and granddaughter, or grandson and grandmother, you can file for annulment in Kansas.

Mental Disability

If your spouse is mentally disabled beyond cure, you can obtain an annulment under Kansas annulment laws.

Frequently Asked Questions About Kansas Divorce Laws

Getting a divorce can be an emotionally and legally complicated process. To help you understand the details of the Kansas divorce process, here are the answers to some of the most common questions.

Q: How long must I be a resident of Kansas to be eligible for filing divorce?

A: You must be a resident of Kansas for 60 days before being eligible for filing divorce.

Q: What if my spouse doesn’t reside in Kansas?

A: The Kansas divorce law doesn’t require your spouse to reside in Kansas.

Q: Is Kansas a No-Fault State?

A: Yes, Kansas dissolves marriages without requiring fault from either spouse.

Q: How long will it take for me to divorce my spouse?

A: Every divorce case is unique, so it’s hard to predict how long it will take. However, you can expect the process to take several months or longer if you have to go to court.

Q: Is there any filing fee for divorce in Kansas?

A: Yes, there is a filing for divorce and in Kansas it varies county to county.

Q: How do Kansas divorce lawyers charge their clients?

A: Kansas divorce lawyers either charge by the hour or a flat predetermined fee.

Q: How much can my divorce cost me?

A: According to statistics, on average a divorce costs around $18,000. Obviously, the more complex the case, the higher the costs could be.

Q: Can I represent myself?

A: Absolutely, it is your right. But, I would not recommend that. A Kansas divorce lawyer will represent your interests better in court.

Q: Do we need two Kansas divorce lawyers to represent us separately?

A: Of course, Kansas divorce law requires that both spouses be represented separately.

Q: Does Kansas legally recognize a common-law marriage?

A: Yes, Kansas does legally recognize a common-law marriage. In Kansas a common law marriage is established when a man and woman agree to be married and present themselves to the public as a married couple.