In Kansas, divorce petitioners must fulfill all prerequisites for filing a divorce motion. They must also provide evidence for specific divorce or annulment grounds. The petitioner must also present an agreement that is acceptable to their spouse when dividing marital property and establishing custody assignments. An attorney in Junction City, KS provides guidance through this process.
Which Are the Residency Requirements?
The petitioner must live in the state for at least sixty days before filing a petition. If they don’t wait for the six-month period before filing, the state cannot take jurisdiction over the case. In these instances, the state they lived in prior to the action maintains jurisdiction.
Do Any Annulment Grounds Apply?
If the marriage duration is one year or less, the petitioner can file for an annulment if certain conditions apply. In Kansas, there are only two legal avenues to achieve an annulment. The parties have to have a blood-relation, or either party must have been under the age of fifteen where the marriage is illegal. If the parties were under the age of seventeen without parental consent, the marriage is also void.
Available Divorce Grounds
The couple can acquire a divorce if they are incompatible, if either party fails to provide marital obligations, or if there’s any instance of mental incapacity occurs. If either party chooses the ground of mental incapacity, they must provide evidence that their spouse was confined in a mental institution for at least two years. However, if three physicians provide testimony that the mental incapacity is permanent, the petitioner can use this divorce grounds without completing the two-year waiting period.
Reviewing Property Division
Property division must be equal and reasonable for both parties. This includes splitting the assets at an equal value. For example, if the couple cannot agree on terms of the division of an asset, they can sell it and split the proceeds.
In Kansas, divorce petitioners assess the total requirements of filing for a divorce. They must present appropriate grounds based on their case and provide their spouse with an equal share of the assets. Petitioners who need help from an attorney in Junction City, KS can contact Oleen Law Firm or visit the website now.