Residency Requirements:
In order to file for a dissolution of marriage in the state of Kansas,
either spouse must have been a resident for 60 days immediately before
filing.
Legal Separation:
The grounds for legal separation are:
1) Incompatibility;
2) Failure to perform a marital duty or obligation;
3) Incompatibility due to mental sickness.
General Divorce Procedure:
Kansas requires that only one spouse testify as to the facts of divorce.
Child custody agreements are authorized and are presumed to be in the
child’s best interest.
Where to file for divorce:
In the county where either spouse resides.
Title of Divorce action:
Petition for Divorce.
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Grounds for Kansas Divorce:
Either fault divorce or no-fault divorce is possible in Kansas.
No-fault:
Kansas recognizes incompatibility as the
only no-fault grounds for divorce.
Fault-based:
Fault-based grounds include failure to perform a marital duty
or obligation and incompatibility due to mental illness.
Mediation or Counseling:
Upon the request of either spouse, or in the court’s own initiative,
it may require that the spouses seek marriage counseling if the counseling
service is available in the judicial district where the divorce is sought.
Except for emergency situations, there is a mandatory 60-day delay from
the time the petition is filed until a final Decree of Divorce may be
granted.
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