Kansas has an average divorce rate of 3.2% per 1,000 of the population which is comparatively lower than other states of the country. Divorce in this state is granted on both no-fault and fault divorce grounds. Kansas practices conservative family court laws. Divorce can only be requested on fault grounds, if you have valid grounds with proof.
Annulments are rare in Kansas. It is because the grounds, which are unable to justify annulment, are sufficient enough for obtaining a lawful divorce. Furthermore, the annulment requirements are also very complex and severe.
If you think the dealing with the court system is a complex process, for the furtherance of divorce, divorce lawyer and attorneys are always available to assist you in such intricate issues.
Divorce Grounds In Kansas
The divorce rate of Kansas in 2001 was 47.6%. You can file divorce under the following divorce grounds in Kansas:
No-Fault Divorce Grounds in Kansas
No fault divorce grounds in Kansas are:
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
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.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Kansas.
Kansas Divorce Laws
Kansas has following divorce laws:
Kansas divorce laws require the petitioner to be a resident of the state for 60 days prior to the filing a divorce case. However if you are posted at a military reservation within the state for 60 days just before you file for divorce, your case will be entertained. In this case, Kansas divorce laws allow you to file an action for divorce in any county adjacent to the reservation.
Documents Required to File Divorce
In accordance with Kansas divorce laws, below mentioned documents are to be provided to file divorce:
- Petition for Divorce and
- Decree of Divorce
You may require:
- 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
- Acquired by the spouses’ joint efforts
Both the spouses will be awarded full property or a part of it under conditions prescribed by the court.
Change of Name or Restoration of Name
In Kansas both the spouses can revert back to her median name after obtaining divorce.
According to Kansas divorce laws, the court may 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. The Kansas divorce court is the sole authority in this regard. Mediation and counseling is done with the express purpose of solving issues like legal custody, residency, visitation or parenting time.
Kansas divorce laws have maintained an award of allowances to either party for future support, chiefly as life continuance.
The court determines custody of a child in accordance with the best interests of the child. If both the parties agree to have child custody collectively, the court shall presume the agreement in the best interests of the child. Kansas divorce court may dismiss the supposition if found that agreed parenting plan is not in the child’s best interest.
According to Kansas divorce law, the court shall make provisions for the support and education of the minor children which may be modified within three years of the date of the modification order. This modification is subjected to changes in circumstances by the court.
Regardless of 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.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Kansas Annulment Laws
Annulment is the court’s declaration that the marriage never existed. It is a legal process to nullify a marriage. People in Kansas prefer divorce over annulment because it is hard to prove Kansas annulment grounds. Both the parties have the right to remarry after getting an annulment.
Following are the valid annulment grounds set by the Kansas annulment laws:
Fraud or misrepresentation is a legal Kansas annulment ground. If your spouse has misrepresented him or herself to get married with you, you can bail out by filing for annulment under the Kansas annulment laws.
If your spouse was already married when s/he married you, according to Kansas annulment laws, you can obtain annulment.
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.
The term consanguinity refers to blood relations. According to Kansas annulment laws, both you and your spouse can file for annulment in case you are blood relations like, father and daughter, mother and son, sister and brother, uncle and niece, aunt and nephew, grandfather and granddaughter or grandson and grandmother.
According to Kansas annulment laws, you can obtain Kansas annulment if your spouse is mentally disabled beyond cure.
Kansas Divorce Laws Frequently Asked Questions
- How long must I be a resident of Kansas to be eligible for filing divorce?
You must be a resident of Kansas for 60 days before being eligible for filing divorce.
- What if my spouse doesn’t reside in Kansas?
The Kansas divorce law doesn’t require your spouse to reside in Kansas.
- Is Kansas a No-Fault State?
Yes, Kansas dissolves marriages without requiring fault from either spouse.
- How long will it take for me to divorce my spouse?
Every divorce case is unique. It is hard for anyone to predict how long it will take for you to divorce your spouse.
- Is there any filing fee for divorce in Kansas?
Yes, there is a filing for divorce and in Kansas it varies county to county.
- How do Kansas divorce lawyers charge their clients?
Kansas divorce lawyers either charge by the hour or a flat predetermined fee.
- How much can my divorce cost me?
According to statistics on average a divorce costs $18,000.
- Can I represent myself?
Absolutely, it is your right. But, I will not recommend that. A Kansas divorce lawyer will represent your interests better in court.
- Do we need two Kansas divorce lawyers to represent us separately?
Of course, Kansas divorce law requires that both spouses be represented separately.
- Does Kansas legally recognize a common law marriage?
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.