Learn How to File for a Kansas Divorce and Prepare for Court

Are you a resident of Kansas? Do you wish to file a divorce petition against your spouse? In case you want to do this, there are certain specified rules and regulations in this context that you will need to follow.

Firstly, in order to be eligible to initiate a divorce motion, you need to be a citizen of Kansas for a period of at least 60 days beforehand. Kansas divorce laws specifically emphasize this residency requirement. If you do not satisfy this condition, your divorce file would either be not accepted at all, or be dismissed at an early stage.

In any of the counties, you can also become eligible for a divorce if your place of residence was at a military institution of the United States (i.e., any outpost). You need to also make sure that you present your case in a court that actually has the jurisdictional rights to hold hearings on your case.

Seeking a Divorce? Where Do You Begin?

When you are seeking a divorce from your estranged spouse, the first thing you need to do in Kansas is to file a Petition of Divorce. The Kansas authorities specify several definite grounds on the basis of which this petition can be initiated.

Do keep in mind that the grounds chosen in the divorce case must be one that can be supported by evidence. Alternatively, you and your spouse may mutually agree on any grounds allowed by law for being granted the divorce that you want.

The grounds for divorce in Kansas can be broadly segregated into the ‘no-fault’ and the ‘at-fault’ categories. While the former is a more generic ground and focuses on all incompatibilities that you might have from your partner, the latter is a much more specific area of study. In case there is a non-observation of the duties that come with marriage, if your spouse has a significant mental problem, or one of the partners is impotent, you can use these ‘fault’ grounds at court.

There are some other grounds involved as well. When you are the one who begins a divorce petition at an appropriate course in Kansas, you are termed as the ‘petitioner’ of the divorce case. Your spouse of course would be the ‘respondent’. (S)he is served a copy of the petition you had initiated through the court.

The divorce laws of the state recognize two documents as the main components of any divorce case. The first one is the Petition of Divorce that you file, and the other is termed the Decree of Divorce that you receive once the divorce has been granted.

Other documents are also required for the systematic running and smooth finalization of the case. These include the Marital Settlement Agreement, the verification documents and the papers related to allocation of the children (if any) from the marriage.

Divorce and Asset Distribution

Next is the issue of distribution of marital assets and properties. Kansas is counted amongst the states which have an ‘equitable’ system of distributing such properties. The courts can either allot the property items in material form to you or your partner, or order for a sale of the assets. You might also be directed to pay a certain fixed amount in exchange for receiving a portion of the property rights.

Kansas law statutes believe in ‘fair’ and ‘justifiable’ property re-distribution. All affairs related to payment of property taxes are taken care of by the divorce authorities. For this purpose, both you and your spouse’s current financial status needs to be made known to the court.

Divorce and Alimony

Alimony needs to be paid, either by you or your partner in most divorce settlements. You might be judged to be eligible to receive or pay alimony to your spouse by the court. The amount and pattern of such alimony payments vary from one divorce case to another, while the court also reserves discretionary rights over this issue.

When the court comes to a decision regarding the alimony you are supposed to pay (or receive), it issues a decree to that effect. The decision of the Kansas court is taken to be binding in this regard. You can be assured that, a ‘just’ and equitable approach would be adopted for alimony distribution.

In Kansas, divorce cases can also be looked into by counselors and psychologists, who might hold sessions with you, your wife/husband, and any child that the two of you might be having. Child custodial issues are determined by the Kansas courts in such a way so that the young person is not subjected to adverse mental effects.

The rules for getting a divorce in Kansas are pretty straightforward. If you wish to obtain a separation from your spouse, simply follow the set guidelines, and you can get the divorce you want if the court so deems fit.