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See if you Qualify in Kansas

Online Divorce provides qualitative and approved by the court Kansas divorce forms. The information below will help you understand more about the divorce in Kansas.

 

Residency

One of the spouses must live in the state for at least 60 days before filing for divorce.  

 

Valid Grounds to get divorce

In the initial divorce paperwork, you must provide a “ground” (reason) for requesting a divorce. Kansas recognizes both “no-fault” and “fault” grounds. In a “no-fault” divorce, the ground is simply that you and your spouse are incompatible meaning you just can’t get along anymore. You don’t need to provide any facts regarding what led to the breakup. This allows couples to divorce without being forced to air their dirty laundry in court.

The “fault” grounds for divorce in Kansas are few and only include the following:

Failure to perform a material marital duty or obligation (e.g., refusal to engage in sexual interactions), andincompatibility by reason of mental illness or mental incapacity of one or both spouses. The ground of incompatibility by reason of mental illness or mental incapacity can only be pursued if:the mentally-ill spouse has been confined in an institution for at least a two-year period (which period of time doesn’t need to be continuous, and there has been an adjudication (judgment by a court) that the spouse does indeed suffer from mental illness or mental incapacity. For a complete description of the grounds for divorce, see K.S.A. 23-2701.

In Kansas, fault doesn't usually come into play when courts determine property division or spousal maintenance (alimony), but if either parent's misconduct affects the best interests of the children, it will be relevant to custody decisions.

 

Custody of the Child

Courts in Kansas approve the reasonable agreement about the custody of child if it has been written by the parents. Otherwise, sole parent custody or a joint custody can be given to either or both of the parents by the courts. Following factors help in taking this decision:

1) Total time span a child has spent without either of parents.

2) Free will of the child.

3) Desire shown by the parents.

4) Adaptability in the child to adjust in new environment.

5) Association of the child with other family members and mates.

6) Any symptoms of domestic violence.

Extent to which each parent lets the child meet with other parent freely.

 

Rules for Child support

Kansas’ child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.

 

Rules for Spousal support

Either of the spouses may be granted with the spousal support that is calculated without considering the reason of divorce. This can be paid for a period of 12 months. Upon its maturity, beneficiary can extend its time period to the same limit again.

 

Mediation Support

Mediation of any contested issue of child custody or visitation may be ordered by the court at any time upon the motion of a party or upon the court's own motion. In every case, the parties are free to engage in mediation before or after their divorce has been initiated. If the parties are able to reach agreements as to their divorce issues through mediation, they may proceed in court on an uncontested ba

 

Divorce Forms in Kansas

The specific divorce papers required for your divorce will depend on your circumstances, such as whether you have children or not. However, there are some standardized forms including the “Petitions for Divorce”, the “Request for Service” form and the “Summons”. Kansas Legal Services is a non-profit organization that has a section devoted to divorce on its website. Here you will find important online information about divorce with or without children, and various divorce documents. It is always recommended that anyone going through divorce learn as much as they can about the process.

For many people, completing Kansas’ divorce papers online with Online Divorce is the easiest way to ensure that you get the right documents, and that those documents are filled out correctly. With Online Divorce you get the peace of mind that comes from knowing you are submitting the right divorce forms for your specific situation – avoiding possible delays from incorrect documents or missing information.