A divorce is the dissolution, or termination, of a marriage. A separation is the legal process that allows spouses to live separately but remain legally married.
In Kansas, spouses are required to file with the court to obtain a legal separation or a divorce. The results of legal separation a divorce have numerous differences.
If spouses are legally separated, they are still married and are not permitted to marry other individuals. Spouses who are legally separated may easily resume their regular marriage by reversing their separation in court.
A divorce will end the marriage. It also allows the former spouses to remarry other individuals.
Individuals can file for a legal separation or divorce in Kansas for no fault, where neither spouse did anything wrong in the marriage, or fault, where one or both spouses did something wrong in the marriage, for reasons including:
- Incompatibility, which is a no-fault divorce;
- Failure to perform an important marital duty or obligation, a fault divorce;
- One or both spouses has a mental illness or mental incapacity, a fault divorce.
Individuals do not have to have a period of separation from their spouse before filing for divorce. They are only required to file for divorce with the court formally.
The court may order the spouses to go to marriage counseling after they file for divorce.
Who Can File for a Divorce?
Either individual who is in a marriage, domestic partnership, or civil union can file for divorce. The decision to file for a divorce may be overwhelming.
In addition to this, having to navigate the legal process alone can make it even more challenging. Because of this, courts recommend that individuals considering filing for divorce or responding to a divorce complaint should seek legal counsel.
What Paperwork Do You Need to File for Divorce in Kansas?
To file for divorce in Kansas, an individual must be a state resident for 60 days immediately before filing for a divorce. The individual must file paperwork with the Clerk of the District Court in the county that they live, which includes:
- Petition for Divorce;
- Domestic Relations Affidavit;
- Civil Information Sheet; and
- The Request for Service Form or the Voluntary Entry of Appearance form.
Individuals are not required to notify their spouses before filing for a divorce or legal separation. Kansas law, however, requires that an individual provide their spouse with notification after they file.
How Is a Divorce Granted?
There are three main ways that a final divorce decree may be granted:
- By default: If the Defendant was served with the summons and complaint for divorce but did not file any paperwork within 21 days, the Plaintiff can request the court to enter a default and grant a final divorce;
- By agreement: If both parties agree on all of the divorce terms after the case has been filed, they can prepare a final Decree of divorce with their full agreement attached. The defendant must file an Answer and pay the filing fee. Both parties must sign the Decree of Divorce and may submit the Decree to the court for approval without a hearing; and
- Granted at a trial or hearing: When the court grants a divorce at a trial or a hearing, it will decide all of the final orders. A divorce is not final until the judge signs the written Decree of Divorce.
What is Community Property vs. Separate Property?
It is common for a married couple to acquire property during their marriage, including:
- Money;
- Homes; and
- Stocks.
The property that the couple obtains during their marriage is referred to as marital property, when one of the spouses files for divorce, an issue that may arise is how to divide their marital property.
The state of Kansas is a separate property state. When the spouses cannot agree on how to split their marital property, a court in the community property state will divide the property using the equitable distribution system. Under this system, the court decides what is a fair division using factors including:
- The age of the spouses;
- The length of the marriage;
- The property the spouses own; and
- Each spouse’s current and future ability to earn money.
Marital property can be placed into one of two categories; community and separate property. Community property is any marital property that the individual or their spouse obtains, individually or together, during their marriage.
A spouse may acquire separate property in several different ways, including:
- Property a spouse owns before the marriage;
- Property a spouse inherits; or
- Property a husband or wife receives as a gift from someone other than their spouse.
Community property and the separate property also affect how the court divides property during a legal separation or divorce. The court must determine whether the marital property is community or separate.
Separate property is not included in the marital property. It will receive protection from the marital property division.
When a Kansas court divides the community property, it may have to sell the property to give each spouse their fair share of the property value.
What Should You Do If There are Children Involved?
In legal separation and divorce cases that involve children, the court will focus on the support and education of any minor children. If the parents cannot agree on child support or custody terms, the court will decide what is in the child’s best interest.
Whether one parent has full custody or both parents share custody, the court will arrange for support of the child until:
- The child reaches 18;
- The child reaches an age beyond 18, by written agreement of the parents; or
- The child graduates from high school.
Both parents’ financial obligation to their children remains after the legal separation or divorce. A court will determine the amount of child support a spouse must pay using the state child support guidelines.
The paying parent will be required to pay child support payments through the central unit for collection and disbursement of support payments. This applies unless the parents agree to provide direct payments to the custodial parent.
Do You Need to Pay Alimony?
Alimony is payments that one spouse pays to the other spouse who does not have enough money or income to take care of themselves. A spouse will be required to pay alimony if the court orders them to.
Courts are not permitted to award alimony for more than 121 months. After this time, the receiving spouse will have to go back to court to restore the alimony order.
The court may modify an alimony support order if the spouse who is paying has a substantial change in circumstances. For example, if a paying spouse’s income decreases or they lose their job, they may not be able to pay the ordered alimony amount.
The receiving spouse may request an increase in their alimony payments if they are in financial need. However, a court cannot increase alimony payments unless the paying spouse agrees.
Where Can You Find the Right Divorce Lawyer?
Legal separation and divorce cases require a lot of time, paperwork, and an understanding of multiple areas of law. In addition, these cases are often difficult and emotional for all parties involved, especially children.
If you have any issues, questions, or concerns related to a legal separation of divorce in Kansas, it is in your best interests to consult with a Kansas divorce lawyer today to protect your rights, obligations, and property.
