Kansas residents and military personnel stationed in the state must follow strict requirements for divorces. These requirements apply to establish residency and the selection of the appropriate divorce grounds. An attorney in Junction City, KS helps petitioners identify these requirements and begin their divorce proceedings.
Residency Requirements for Kansas Divorces
All petitioners must live inside the state for no less than sixty days. Both parties aren’t required to live in the state at the time that the petition is filed. However, at least one party must live in the state to allow it to take jurisdiction of the case. For military personnel that is deployed, this duration begins after they return.
When Is Marriage Counseling Needed?
Either party may file a motion to acquire marriage counseling, and the state reserves the right to require it in some cases. When this motion is accepted or required by the court, attendance is compulsory. The court makes arrangements with a marriage counselor and may even require reports from them. The state cannot force either party to attend counseling that is based on any religious affiliation.
Choosing Appropriate Divorce Grounds
The divorce grounds in Kansas are limited, and they include incompatibility, a failure to fulfill marital obligations, mental illness or incapacity. The court will grant the divorce once evidence of these conditions is presented. In terms of mental incapacity, the defendant must be confined for at least two years.
Failure to fulfill marital obligations could mean if a party was unfaithful, or if a promise of financial support was made before the marriage and turned out to be false. A petitioner who expected children during the marriage could also file using this ground if their spouse was infertile or impotent at the time of the marriage.
Kansas residents and military personnel must review the exact requirements for divorces in the state. These requirements are based on residency and the chosen divorce grounds. Select cases may require the couple to attend marriage counseling before the case continues to finalization. The court or the defendant may file a motion for counseling. Anyone who wishes to evaluate the requirements should contact an attorney in Junction City, KS at the Olsen Law Firm or visit our website for more information.