Legal Separation in Kansas

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Legal separation in Kansas is also known as the "Decree of Separate Maintenance" and is recognized by the statute of Kansas. It is legally enforceable and the couple is bound by the law to follow the separation agreement as given by the court.

The filing process is similar to filing the divorce process. However, the parties become legally separated after legal separation as opposed to divorced after the divorce is granted. The only difference between a legal separation and a divorce is the status of the couple after the decree is granted.

Grounds for Legal Separation in Kansas:

The grounds for legal separation in Kansas have been specified by the statute of Kansas. These grounds are as follows:

  • Incompatibility Differences of opinions on various issues ranging from trivial to serious ones can cause a serious rift in a marital relationship which makes it difficult for the couple to stay together. Such a rift in the marital bond can lead to couples to seek for legal separation in order to work on their relationship and use this time apart form each other to reflect on the problems at hand with the marital issues sorted out by the court.
  • Failure to perform material Marital Duties or Obligations If either or both the spouses fail to perform the material marital duties or obligations such as providing for the family, contributing in building a marital life with children included and other duties which are supposed to be performed by the individuals after they get married, the couple can file for legal separation citing these reasons.
  • Incompatibility due to Mental Illness or Mental Incapacity If either of the spouses have been diagnosed with a mental illness or mental incapacity which deteriorates their overall health and functioning rendering them incapable of leading a normal life, they can file for a legal separation by citing the reason of incompatibility due to mental illness or mental incapacity.
These grounds are identical to that of the grounds for divorce in the state of Kansas. The provisions of legal separation in Kansas can be used as a blueprint for the divorce proceedings. After the legal separation is granted, the parties become effectively single (however, they are legally married) and can separate financial dealings from each other such as joint accounts, pension plans, insurance premium payments, etc.

Separation Agreement:

The residency requirement for filing for a legal separation in the state of Kansas is 60 days before the date of filing. The court usually encourages the couple to sort out the marital issues and prepare an agreement regarding the same. However, if the couple is unable to reach a mutual settlement agreement, the court divides the property, assets, debts and acquisitions by the means of equitable distribution method.

The separation agreement is also known as settlement agreement or property settlement agreement. As mentioned above, the court would rather if the couples mutually reach an agreement. They can take the help of a professional attorney who specializes in the field of family law and especially legal separation.

The state of Kansas recognizes the documentation for legal separation and one must carefully prepare a settlement agreement in order to prevent issues afterwards. A separation agreement deals with the issues such as childcare, guardianship, visitation schedule, division of property such as real estate, family home, etc.

The couple can treat this as a trial separation and reflect on the causes and consequences of their separation. They can consider reconciliation and work towards it. Kansas is an equitable distribution state. If the couple is unable to reach a settlement regarding the marital issues, the court divides all the property as it considers appropriate according to the equitable distribution system. All the assets, debts as well as possessions are considered as marital property and are divided equitably.

If the parties reach a mutual settlement agreement, it is converted into a decree and is legally enforceable until the couple decides to file for divorce or to reconcile. The settlement agreement is mandatory as it puts all the provisions on paper that are made by the couple and they have total control over the distribution of the responsibilities and the issues that need to be addressed in the agreement.

Unlike many other states, as Kansas recognizes the legal separation, it becomes easy for the couples to opt for one and give a second chance to their marriage. Such a separation is revocable and the couple can go back to their pre-separation status. Besides with all the issues handled, they can concentrate on their marriage and relationship and its effects on their children. The couples are not supposed to remarry as they are legally married even after being legally separated. They are married for the name's sake and can lead different lives independent of each other. If they wish to remarry and start a new life, they need to file for a divorce. They can go for another relationship only after the decree of divorce is granted.

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