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Divorce Guide |
Kansas No Fault DivorceChoosing between “no-fault” and “fault” grounds for divorce In the state of Kansas, you have the choice of filing the divorce on “fault” or “no-fault” grounds. It is observed that many people file divorce on the grounds of “no-fault” even if there is substantial “wrong doing” on the part of the other spouse. They do so to avoid ugly court battles that often occur in proving the faults in the courts. They also do not wish to get the child embroiled in the divorce battles. But, you may file the divorce on no-fault grounds if you are sure to have an edge on the other spouse regarding child custody or property division. Uncontested no-fault divorces are settled quickly and many-a-times spouses are not even called for a hearing if there are no children involved and the property matters have been settled well. The judge signs the decree of dissolution and declares the marriage as ‘dissolved”. On the other hand, contested divorces may take longer depending on the intricacy of the case and of course the line of other cases that are pending with the court. It is observed that in the courts of Kansas, judges often consider all divorce cases as “no-fault” and do not wish to have the “wrongdoing” of a spouse to be established. The matter of “fault” is considered only when there are custody issues of children or property distribution. Residential requirements in KS no fault divorce No-fault divorce laws in Kansas specify that at least one spouse must be a resident of the state for a minimum of 60 days at the time of filing the divorce. Child custody in KS no-fault divorce In most of no-fault divorce cases, spouses decide the matter of child custody and child support “outside the court”, maybe taking the help of a custody mediator. Thus, the no-fault divorce becomes “uncontested”. They then file for the complaint of divorce with a marital agreement” specifying how they wish to deal the matter of custody and child support. They are asked to fill out details regarding visitation schedules and a sound parenting plan. Courts look into the details and give a final approval. On the other hand, if the parents are not able to decide on the matters of child custody then they may raise the matter in the court. In such contested no-fault divorces, judges would look into the matter of child custody keeping in view with the best interests of the child and KS child custody guidelines. Property division in KS no fault divorce Kansas is “equitable property division” state where the marital property is equitably divided among the spouses and not exactly split up. The property acquired during the course of the marriage is called “marital”. In most of no-fault divorce cases in Kansas, spouses prefer to settle the matter “outside the court”. But in case, the mater is “contested”, judges look into the matter of fairly and equitably deciding on how to divide the property. The actual “fault” of the spouse is not considered to “punish” him/her; rather property is divided to mitigate financial hardships on the spouse due to that “wrongdoing”. You can have do-it-yourself divorce in Kansas or can seek the services of an attorney. However, it is advisable t go for DIY divorce only if you are well-versed with divorce laws and yours is a “no-fault uncontested divorce”. In all other cases, it is better to hire an attorney who would help you in the legalities of the matter.
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