Kansas Divorce Requirements
Filing for divorce in different states is quite similar with only
slight changes for each specific state. One of these differences defines where a divorce is
petitioned. The county of residency dictates which court will handle
Divorces are federal cases so they are handled by the circuit courts of
each county, thus why it is important to file with the appropriate
court. In order to file within the state of Kansas individuals must be
residents for a minimum of sixty days.
In other states whichever individual files for divorce does not
necessarily need to be state resident but his or her spouse does need
to be a resident. In Kansas the divorce petitioner must be a Kansas
resident, even if his or her spouse is not. Those serving in Kansas on
military duty are considered residents after sixty days and may
petition for divorce.
Kansas Grounds for Divorce
When individuals file for divorce in Kansas they must state the reason
for the divorce. This is called the grounds for filing. Not all reasons
for divorce are accepted by the state of Kansas, and not all states
have the same divorcing grounds. These grounds must be legal.
A couple may decide on the grounds for divorce before filing or the
petitioner may file singly and be required to prove those grounds
before the court.
A divorce decree can come under one of the two designated areas: Fault
claims or No-fault claims. No-fault claims state that a divorce shall
be based on incompatibility. Under this decree no sole individual will
be seen as responsible for the disintegration of the marriage. The
No-fault claim states that no one is at fault.
A divorce decree can also be brought under Fault claims. This decree
cites one individual responsible for the marriage's disintegration and
names one individual at fault. Fault claims include incompatibility due
to mental incapacity or mental illness by either one or both
individuals and a failure to have all marital obligations and duties
Incompatibility due to mental illness requires that the individual be
confined in a mental institution for at least two years (un-continuous
confinement is allowed) or the mental illness will need to be
adjudicated through the court while the individual is under confinement
in a mental institution.
In a divorce case no spouse is obligated to provide spousal support
unless obligated through a judge's ruling. Spousal support can either
be permanent or temporary. The individuals involved in the divorce may
agree to award spousal support or the court may make such a decision
without individual involvement.
A spousal support decree can later be altered or terminated under the
dictated circumstances. The motion can later be altered through the
court at least one month after the decree was awarded. One hundred
twenty-one months after a motion was awarded, the decree can no longer
be altered. Nearly any portion of a spousal support decree may be
maintained or modified at anytime until the date of expiration has
fully passed, according to Kansas Statute Chapter 60 Article 16 Subject