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KANSAS DIVORCE LAW

If you are seeking or facing a divorce in Kansas you should become familiar with the divorce laws specific to Kansas. If you and your spouse are granted a divorce, you will be legally single and able to re-marry. Here you can find basic information about divorce, annulment and legal separation; it should give you a frame of reference for discussions with a Kansas divorce attorney.

Kansas Legal Separation & Temporary Separation Orders:

Kansas recognizes legal separation as an alternative to divorce. Legal separation is a legal status conferred by a court order, but unlike divorce, it does not completely terminate the marriage; people who are legally separated may not remarry. Legal separations can benefit some couples that no longer wish to live together but who want to remain legally married for a specific reason. A Kansas divorce attorney can help you decide whether legal separation or divorce is the better option for you and your family.

Kansas Divorce—Grounds:

There are three possible grounds for divorce in Kansas:

  1. Incompatibility;
  2. failure to perform a material marital duty or obligation; or
  3. incompatibility by reason of mental illness or mental incapacity of one or both spouses; must be proven by a specific medical evaluation and legal process.

Kansas courts must grant a requested decree of divorce, separate maintenance or annulment.

However, if the court finds that there are no grounds for the requested divorce, the mandatory decree does not apply and courts can choose not to grant the petition. A Kansas divorce attorney can describe in greater detail any of the grounds above, including what constitutes a “material marital duty or obligation.”

Kansas Divorce—Residency & Where to File:

Either the person filing for divorce or the defendant in an action for divorce must have been an actual resident of the state of Kansas for 60 days immediately preceding the filing of the petition for divorce or legal separation. The petition should be filed in the district court that has jurisdiction over the parties’ county of residence within the state.

Kansas Annulment

Whereas divorce dissolves a valid marriage, annulment is the court’s recognition that a marriage was never legally valid to begin with. In Kansas, an annulment can be granted on the basis of the following grounds, although this list is not exclusive: (1) The marriage is void for any reason; (2) the marriage is voidable because it was induced by fraud; or (3) the marriage was induced by mistake of fact, lack of knowledge of a material fact or any other reason justifying rescission of a contract of marriage. For more information about what types of marriages are considered void and are thus eligible for annulment, contact a Kansas divorce attorney.

Kansas Property Division/Community Property/Debts:

Kansas is an “equitable distribution” state. This means the Kansas divorce courts will divide marital property on terms considered to be fair. Note that “fair” does not necessarily mean equal or a 50-50 split. In the equitable distribution adjudication in Kansas, the court will consider, among other things:

  1. the contributions of each spouse to the marital estate
  2. the total value of the properties of the parties
  3. the economic circumstances of each party
  4. any misconduct that may have occurred
  5. the amount of spousal support awarded

Property division can be a confusing and emotional matter and you should consult a Kansas divorce attorney to help you understand the process.

Kansas Divorce Laws

Here are some selected statutes from the Kansas Code relating to divorce and other domestic relations issues.

  1. Kansas Legal Separation
    • Legal Separation/Separate Maintenance: Kansas Code, Chp. 60 , Art. 16, §1
  2. Kansas Divorce:
    • Grounds: Kansas Code, Chp. 60 , Art. 16, §1
    • Mandatory Decree: Kansas Code, Chp. 60 , Art. 16, §6
    • Residency/Where to File: Kansas Code, Chp. 60 , Art. 16, §3
  3. Property Division/Debts
    • Kansas Code, Chp. 23 , Art. 2, §201
  4. Kansas Annulment:
    • Kansas Code, Chp. 60 , Art. 16, §2
    • Kansas Code, Chp. 23 , Art. 1, §102
    • Kansas Code, Chp. 23 , Art. 1, §106
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