Divorce Guide

Divorce Guide

Kansas Divorce Rights

Kansas is one of the fifty states of the United States of America. Just like any other state of the USA, Kansas also has a residency requirement to be fulfilled by any person filing a case for the dissolution of marriage and this residency requirement is of a period of 60 days.

Grounds for divorce

According to Kansas divorce laws, there are some appropriate grounds where spouses can seek a divorce. The most appropriate ground for the dissolution of the marriage is considered to be circumstances when the marriage is considered to be broken down irretrievably and there seems to be no scope of any reconciliation. In such circumstances the living together of the couple is considered to be impossible. This ground may also be termed as a No-Fault ground. Under the no fault ground, the incompatibility of the marriage is clearly visible.

There are other grounds which fall under the Fault category. These grounds are more in number and cover comprehensive grounds for filing a case for the dissolution of the marriage. Some of these grounds are:
  • mental illness of either of the parties,
  • failure of any party to perform family duties,
  • incompatibility between spouses or any other ground which the court may feel worth considering.
The process of filing a case begins with the petitioner. Petitioner is the person who files the case in the first instance. Respondent, on the other hand, is the person who receives the divorce papers and has to respond to the case filed by the petitioner.

The district clerk’s officer could be termed as the department which manages the course of the case and keeps both the parties informed. Decree of divorce and the petition for divorce, marital settlement agreement, verification for petition, notice of final hearing are some of the primary documents required at the time of filing the case.

Property distribution in Kansas

Kansas is the state which follows the principle of equitable distribution. The principle of equitable distribution states that the property or the resources acquired during the marriage period will be divided equally between the two spouses. The court however tries to encourage both the parties to reach an agreement on their own. When the property distributed after the settlement of the case is not sufficient for any one of the spouses so as to make a living, the court can take into account a number of other factors which would support the spouse financially. It is to be noted that the court is not bound to make arrangements for the award of spousal support.

This alimony help may prove to be very beneficial if either of the spouses is not in a condition to make a living for himself or herself. In most of the cases, the court awards this alimony help only for a period.

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