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.
There are three possible grounds for divorce in Kansas:
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.
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:
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.