Identifying The Grounds And Procedures For Divorce Cases

by | Feb 5, 2015 | Attorney

Kansas divorce laws require that petitioners fulfill all prerequisites before filing through their local court. This indicates that they have been a resident of the state for at least six months. Their marriage, however, could have occurred in a different state. Once they become a legal citizen of Kansas, the state can enforce jurisdiction and allow them to complete this process without hindrance.

Identifying the Grounds

In the state of Kansas, all no-fault divorces are based on an incompatibility. In these proceedings, both spouses agree that the breakup of the marriage isn’t blamed on either party and that they can no longer live as a marriage couple. These divorce proceedings are often simplified and take a shorter duration to complete.

Fault-based divorces must identify an underlying cause that has led to the breakdown of the marriage. For instance, a failure to fulfill marital obligations could be based on male impotence. Mental incapacity is proven by confinement in a mental health facility for at least two years. Any period that is less than this requirement prevents the petitioner from filing a divorce on these grounds. The state doesn’t recognize allegations of adultery and doesn’t allow them to be used in divorce proceedings.

Difficulties in Divorce Cases

A common stipulation that applies to divorce cases is the need for marital counseling. In cases where a spouse contests the divorce, it is likely that he or she may suggest marital counseling. In these cases, it is likely for the court to rule in favor of these conditions, if it finalizes the process when mediation is initiated.

Divorce is a stressful time for both parties. It requires knowledge of complex concepts, which could lead to difficulties for these individuals if they do not seek legal counsel. In contested divorces, the process could take up to two years to complete and may hinder the spouses’ ability to go on with their lives. If you need an Attorney in Wichita KS to represent you, contact your preferred law firm now.

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