Divorce law in Kansas

Every part of our lives is regulated by laws, including family life. Laws define how we get married and divorced, how to care for kids if the marriage is over and what to do if you do not wish to stay married anymore. This guide was created with your needs in mind: to help you get through the process smoothly and without stress. Read on to stay up-to-date with the current divorce laws in Kansas!

Grounds for divorce in Kansas that do not need to be proved

Kansas is one of those states that grants divorce without requiring proof. The ground for such no-fault dissolution can be defined as the inevitable incompatibility of partners with no possibility to reach a mutual understanding to live together. According to KS divorce laws, the couple can split up using this reason if they write a settlement agreement that covers property and financial issues, relations with kids, maintenance of either partner, etc. Choosing this ground and thus an uncontested dissolution of marriage has its benefits:

• Finalizing of such dissolution in 1 to 3 months in accordance with Kansas divorce law
• Saving money, as it is possible to do the process on your own and do not hire a lawyer
• The possibility to take the most important step (preparing the papers for filing) online.

Kansas divorce laws: Adultery, abandonment and other reasons requiring proof

Kansas state laws on divorce also allows its residents to get a divorce on other grounds that require proof. The common feature of these grounds is that it is the wrong action of one spouse in relation to the other. As you might guess, such actions are adultery, abandonment, abuse, cruel treatment, etc. However, Kansas state divorce laws do not recognize adultery as a reason for dissolving a marriage. Moreover, it does not usually affect the amount of alimony, if there is any. Instead, the judge is likely to take other circumstances into account when granting alimony, including the ability of each partner to earn money, the age and health of the spouses, the presence of property and how it is divided, the time spent in marriage, the needs of each partner, the other obligations that the partners may have and the financial circumstances at the time of the proceeding.

The other reasons for divorce, like leaving the partner for 1 year or more, cruel treatment or abuse can be accepted by the court as the ground, and Kansas divorce statutes confirm these other fault-based reasons:

• Failure to perform a material marital duty
• Inability to live together due to the mental illness of either partner.

To prove the second ground listed above, common law on divorce in Kansas requires one of partners to provide:

• Evidence stating that the other partner has been confined to a hospital or another location for 2 years for treatment, or
• An adjudication that asserts the other partner’s mental illness.

Kansas divorce process

As we have taken a look at the types of grounds that couples can use to dissolve their marital relationship, now it is time to look at Kansas divorce procedures. We advise you to carry out a no-fault dissolution since it allows you to finalize the case faster, cheaper and in a more comfortable way, as we mentioned earlier in this guide.

So, to get things moving, partners who wish to end their marriage must follow certain Kansas divorce requirements:

• Either spouse must have lived in Kansas for at least 2 months before submitting the petition to the court
• The spouses must create a mutual agreement that settles the material issues and care of kids, maintenance of either partner, etc.

After these two steps of the divorce process in Kansas are taken, the initiating party can fill out the questionnaire on our website, which will provide them with the completed papers directly to their email. Once you receive the papers, you will need to sign and notarize them and then you can file them with the court.

The filing stage requires the initiator of the divorce to bring the document kit to the clerk’s office and pay a fee to register the papers. In Kansas State, divorce law allows low-income individuals to request a waiver for the registration payment. An additional form must be completed to receive this waiver.

At the time of filing, all of the papers are granted with a number that is necessary for the court archives and during processing. Then the papers must be delivered to the responding party. Kansas law on divorce allows this to be done by different means: in person (on your own or by the sheriff) or by mail. Please note that the mail should be certified so you can be notified that your partner has received them. No matter which means you choose, you should provide the court with proof of delivery.

The last stage to carry out is granting the decree of dissolution. Kansas divorce laws on the waiting period say you should wait from 2 to 3 months to get the decision for the regular uncontested dissolution or at least 1 month if it was uncontested and there is an urgent reason to finish your case more quickly.

States divorce law