DIVORCE ATTORNEYS IN MANHATTAN, KANSAS
More than 11,000 couples in Kansas file for divorce in a given year. That is more than 11,000 couples who once said, “I do” now saying, “I do not.” For some, the terms of the divorce are uncontested and amicable. For others, the couple cannot agree to the terms and the court must take steps to settle disputes or render decisions following a trial.
If you have been thinking about getting divorced from your spouse or your spouse has served you with a summons and divorce petition, you may be feeling overwhelmed and unsure of what comes next. Those feelings are natural, but you do not have to face the process alone.
At Oleen Law Firm, we stand with clients from Manhattan and Junction City, Kansas as they face dissolving their marriage. We are fierce and compassionate advocates when “happily ever after” does not work out. Let us help.
WHO CAN FILE FOR DIVORCE IN KANSAS?
One spouse must have lived in the state for a minimum of 60 days before either spouse can file for divorce in a Kansas court. There is no requirement that you were married in Kansas or that both spouses are residents of the state.
IS KANSAS A FAULT OR NO-FAULT STATE?
Kansas is both a fault and no-fault state for divorce. Grounds or a reason for the divorce are not necessary for a no-fault divorce. The spouse filing the divorce petition simply states that the marriage is broken and cannot be repaired.
A fault divorce is based on accepted grounds of why the marriage didn’t work out.
WHAT GROUNDS ARE THERE FOR DIVORCE?
Kansas recognizes two grounds for divorce and legal separation. The first is the failure of a spouse to uphold marital duties such as engaging in sexual relations with the other spouse and exercising fidelity with your spouse. The second is incompatibility due to a mental illness or lack of mental capacity. The second can only be pursued if a spouse has spent at least two years, not necessarily continuously, in a mental institution or a court has ruled a spouse to be mentally incapacitated or to suffer from a mental illness.
Although these can be grounds for a fault divorce, they will not necessarily make a difference in awarding spousal support (alimony) or in who receives more marital assets. Poor behavior during the marriage and mental illness, however, may have a bearing on child custody and support.
WHAT ARE THE DIFFERENCES BETWEEN UNCONTESTED AND CONTESTED DIVORCE?
Both spouses agree to end the marriage in an uncontested divorce. They also agree to the terms of the divorce-related issues such as dividing marital property, support, and custody of children. The couple submits the terms of the agreement to the court for approval and the court issues the dissolution decree.
In a contested divorce, the spouses disagree on the terms. They each present their arguments to the court which makes decisions regarding the divorce agreement, child custody and child support, and other agreements.
HOW LONG DOES A KANSAS DIVORCE TAKE?
The shortest amount of time a Kansas divorce can take is 60 days from the date the petition is filed with the court. In an uncomplicated and uncontested divorce, dissolution may be granted in 60 days.
A contested divorce can take months or even years. When spouses disagree, especially on issues related to division of assets and debts and on child custody and support matters, the adjudication process can take a while to complete.
Kansas law also states that once the court issues the divorce decree, a spouse must wait at least until the 31st day to remarry.
DIVORCE ATTORNEYS IN MANHATTAN, KANSAS
Under the best of circumstances, divorce is emotional. Because it is, it is wise to have an experienced family law attorney representing you and your best interests without the emotional entanglement. If you are considering divorce or have been served with papers by your spouse, call Oleen Law Firm in Manhattan, Kansas today. We’re on your side, so call us to schedule a free consultation.