Kansas No Fault Divorce

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Kansas is the state which is generally known as a no fault divorce state. A no fault case implies that the divorcing partner who applies for this legal process does not require to furnish evidence that should reflect the fact that the other partner has committed some fault. It is sufficient to state that the divorcing couple cannot continue together. Therefore, one specific partner cannot blame the other partner for any of their wrong deeds as it is not needed during a no fault procedure. However, mentioning of suitable grounds are the basis of every no fault case. Irretrievably broken state of the marriage is one of the most significant and common grounds that is opted in such legal cases. Different states in the United States have different terminology for a no fault ground. "Irremediable breakdown", "irreconcilable differences" and "incompatibility", are a few to name. Some states specify that there must be a period of separation before applying for no fault process in the court. Therefore, it is important for the people who reside in the state, to fulfill some of the basic criteria such as, residency requirement, suitable grounds etc., in order to have an organized Kansas no fault divorce.

Grounds for Kansas no fault divorce

In Kansas state, no fault divorce is granted only on the basis of definite grounds that are valid in the state. One of the prime ground is that the marriage is irretrievably broken down due to one of the following reasons:

  • Incompatibility of temperament
  • Irreconcilable differences

Residency requirements for Kansas no fault divorce

The Kansas no fault case is only granted when basic conditions such as, residency requirement is positively fulfilled by the concerned divorcing parties. One of the divorcing partners must be residing in the state of Kansas for minimum sixty days before the petition of filed.

Some aspects of Kansas no fault divorce

  • While filing a petition, detailed information should be provided on the petition paper such as, complete name and date of birth of both the divorcing spouses, clear highlighting of suitable grounds on the basis of which the case is filed in the court
  • The information regarding the third party interested to take the physical and legal custody of the child, is also provided at the initial stage of the process
  • The court awards alimony to one of the divorcing partners in a way that it should be fair and justifiable for both the parties
  • The alimony can be paid by way of periodic payments or as a lump sum amount
  • The divorcing partners are persuaded to develop an agreement regarding how the marital estate should be bifurcated. However, in cases, when they fail to reach such agreement, the court finally distributes the marital assets after proper analysis of circumstances between both the spouses
  • The court considers several factors while dividing the marital property. Some of these are as follows
    • The age and health of the divorcing partners
    • The duration of the marriage
    • The current and future earning potential of the divorcing partners
    • Whether alimony has been awarded to one of the partners?
  • The divorcing partners are expected to decide the terms and conditions of child custody themselves. When they cannot reach on a final agreement regarding this issue, then the court makes the final decision about the child custody
  • Some of the factors that the court considers while finalizing on child custody are as follows
    • Proof of spousal abuse
    • The duration for which the child's care has been taken by some person other than the parents
    • Interaction between the child and its siblings and its parents
    • The desires of the child
    • The readiness of one parent to develop a relation with the other
  • The law of this state does not rely on "Tender Years Doctrine." Thus, there is no assumption that the child is better placed with a parent of a particular gender
  • The Income Shares Model is employed to determine child support. As per this model, the gross income of both the parents is considered while determining the actual amount
  • The child support has to be offered till the child completes eighteen years of age or is a high school graduate
  • The visitation rights are also supposed to be granted to the non custodial parent

Kansas no fault divorce includes settlement of various marital issues as per the consent of both the spouses. However, those issues that remained unresolved by the spouses are easily sorted through fair judgment provided by the court of the state.

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