Legal Separation, Separation, and Divorce in Kansas
In Kansas, there are three primary marital actions that can be taken by couples who have issues in their union.
Also called ‘separate maintenance,’ this arrangement does not dissolve a marriage. It instead looks at the division of marital assets and liabilities, child support and custody, as well spousal support issues. It is similar to divorce in many ways, as you will be required to file a Kansas Marital Separation Agreement, but you remain married to your spouse. If one party to the marriage files for divorce while the other files for separation, the court will grant the divorce. This action is taken by those that want to avoid divorce for religious or other reasons or by those who feel that marriage is not entirely done.
An annulment is issued if there comes to light a reason that would naturally have prohibited the marriage from taking place. It could be that the marriage is void, in that the couple is unable to consummate it, or they are too closely related. Marriage is also voidable when one spouse finds out something the other hid from them that would influence their decision to get married in the first place.
Divorce dissolves a marriage. This order will address child custody, marital property and debt division, spousal support, residency of the child, parenting time, third-party visitation. When it is finalized the marriage ceases to exist, and the two are free to remarry. An uncontested divorce is a kind where both parties agree on all matters including who gets what as well as child support. It is the easiest form of divorce as it will not necessitate a trial. Even with both parties agreeing on all matters, the court is mandated to ensure equity in property and liability distribution.
Is there a need for residency? To file for legal separation in Kansas, you only need to have bonafide residence status. For divorce, you will need to be a resident of the state for at least 60 days (two months.)
Who Proves Fault?
Kansas is a no-fault state, meaning that neither parties to a divorce or legal separation needs to prove infidelity or any other ground. The most common ground for divorce or separation in Kansas is ‘incompatibility,’ meaning that the two have to be at a point where they don’t see eye to eye in the relationship. The parties will need to file a fault when filing the forms, but that will not affect the judge’s decision.
There is no advantage in being the first to file the agreement for marital separation in Kansas, except the fact that the first one to file could have the courts issue “temporary orders” in their favor. The judge will not rule in favor or against the first party to file as the state is no-fault.
How You Can Get Ready
Once you have been served with the order, it is wise to have your assets, income, and debts put together to ensure the agreement doesn’t work against you. The court strives for equity in issuing spousal support and other obligations to avoid oppressing either of the parties. Should you wish to proceed with a legal separation in the state of Kansas, we offer templates and online samples of Marital Separation Agreements to make the process that much faster.
Whether you live in Wichita, Overland Park, Kansas City, Olathe, Topeka, Lawrence, Shawnee, Manhattan, Lenexa or any other city of Kansas, you can use our legal forms easily.