To apply for legal separation in Kansas, one of the spouses must file a petition that includes information as follows: Separation also allows both spouses to prove that all property acquired after separation is their own personal property and not matrimonial property. The court may dispose of these assets during the distribution process. To apply for legal separation in the state of Kansas, the plaintiff or defendant must have been a resident for at least 60 days. In Kansas, courts view legal separation as an alternative to divorce, a situation that allows both spouses to remain married but live apart — and to do so under a court order. For some couples, the stress that brought their marriage to the tipping point of a divorce can become so difficult that they first agree to a separation. But in Kansas, married couples who separate are not automatically considered legally separated in the eyes of the law. This is because there are legal steps to be taken first. Divorce is a process that permanently ends a marriage. After the divorce, the spouses are transferred to their former legal status (single). However, in the event of legal separation, couples enter into a separate maintenance contract while remaining legally married.
Couples agree on the terms of separation, including the division of parental rights and obligations, the distribution of property and debts, and maintenance and spousal support arrangements. Under Kansas law, the grounds for a separate support lawsuit are the same as for a divorce. The law provides that a spouse can file for divorce or legal separation for any of the following reasons: This Kansas divorce overview provides the information and resources you need for a divorce or separation. There are ways to contact an experienced family law lawyer if you want someone to take care of all the legal matters for you. If you plan to file the divorce documents yourself, there are high-quality services that offer divorce forms and divorce assistance online. Contact Joseph T. Welsh Law Firm today at (620) 510-5030 for a free consultation to assess your current separation and learn about the next steps to achieve the desired outcome. One of the most common reasons for legal separation is to provide for some degree of separation between the parties in order to give the spouses time to save the relationship before filing for divorce. Another common reason is the desire to provide minor children with a stable family environment and avoid experiencing the emotional trauma of divorce. In the event of separation, the court requires a fair distribution of assets and debts. Whether determined by the couple or by the judge. The couple should try to agree on the custody and presence of their children; however, the judge has the final power to determine custody.
In the event of separation, the court helps determine a fair distribution of income for married couples. This will help you reduce the liability you have for new debts incurred during legal separation. Since you are still legally married, all debts incurred by one of the spouses are joint debts. Review your agreement and then print it in final form. Sign and notarize the agreement; Find out how your spouse does the same. Consult a lawyer to review the separate maintenance contract before signing it. If it is accepted by the court, it is a binding agreement between you and your spouse. Assess the reasons for your legal separation. Kansas requires the same evidence for legal separation as for divorce: incompatibility, non-compliance with a material marital obligation, or mental incapacity. Choose the latter reason only if your spouse has been locked up in a psychiatric facility for at least two years or if a court has classified him or her as mentally ill.
While separate maintenance claims are less common than divorce proceedings, there are reasons why a couple may prefer legal separation to divorce. The unique circumstances of a married couple may prefer legal separation to divorce. The courts are guided by a so-called separate maintenance contract. It has standards for topics such as: While some couples describe a “trial separation” within weeks of each other, moving a suitcase into a friend`s apartment does not represent separation in the eyes of Kansas courts. Instead, “legal separation” describes an alternative to divorce, in which the parties remain married but live separately on the basis of a court order on separate alimony. The procedure for such an executive order is set out in the laws of Kansas and provides for the same type of division of property and financial arrangements between spouses that provides for divorce. In an action for separation or divorce where parental and property rights are crucial, each spouse should be represented by his or her own lawyer. Lawyers play an important role in negotiating the terms of separation or divorce between the two spouses. Each lawyer vigorously protects the rights and interests of his client in these negotiations. In Kansas, legal separation requires the same legal maneuvers as divorce, but the marriage remains intact.
People mistakenly believe that they are legally separated if they live apart for an extended period of time, but Kansas requires a formal separation deposit. Legal separation can give problematic spouses the time and distance to resolve the problems of their failed marriage. This routine can be a good option if spouses want to live apart while supporting each other financially. .