Kansas divorce laws require petitioners to provide proof of residency. Petitioners must live in the state of Kansas for sixty days. They may provide a valid Kansas driver’s license or rental agreement as evidence of residency. Once residency requirements are fulfilled, they may continue with a petition.
What are the Grounds?
In Kansas, the divorce grounds are restricted. Petitioners may choose incompatibility. This no-fault ground is the most common grounds used. They require both parties to sign an affidavit testifying to this incompatibility.
Fault-based grounds in Kansas are reduced to the failure to fulfill marital obligations or incapacity due to mental illness. Marital duties include actions such as sexual relations or providing financially for the spouse.
Incapacity due to mental illness requires the defendant to be institutionalized for two years. An alternative is a court ruling to institutionalize the individual for their entire lives. The court must evaluate the competency of the defendant first. A psychiatrist is assigned by the court to perform the assessment. Petitioners who wish to file for this reason should contact an Attorney Junction City KS now.
Is Marriage Counseling Required?
The court reserves the right to order marriage counseling after a petition is filed. The court must provide a reason for this decision. However, under Kansas laws, the court cannot assign any religious-based marriage counseling services. Petitioners who wish to avoid this assignment should contact an Attorney Junction City KS right away. You should contact Oleen Law Firm in Junction City KS for more information.
Restoration of the Spouse’s Name
To restore a spouse’s last name to their maiden name, the must list this requirement in the terms. A failure to include this requirement could prevent the restoration. Select counties may stop a name restoration if the couple has children.
Kansas divorces require petitioners to follow strict rules. Unlike other states, Kansas offers limited divorce grounds. The state may also delay a final judgment based on a need for marriage counseling. In fault-based divorces, the petitioner must provide clear evidence. The testimony of the defendant could fulfill this obligation. To speak to an Attorney Junction City KS contact Oleen Law Firm in Junction City KS or visit the website today.
