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What Are the Different Methods for Ending a Marriage in Kansas?
Those unhappy in their marriages have legal options for either dissolving the marital union or pausing matters until a final decision can be made. Divorce is the most well-known means of dissolving a marriage, permanently ending a marriage legally. An annulment declares a marriage null and void, as though it never happened or existed in the 1st place. Meanwhile, an official court decree of legal separation allows married couples to live separately while remaining legally entwined.
Under Kansas law, annulments void marriages. District courts can grant decrees of annulment on any marriage based on whether the marriage was void for any reason, the marriage was induced by fraud, the contract of marriage was a mistake of fact or other reasons that a judge may use to justify the rescission of a marriage contract.
Similarly, a divorce or legal separation must meet specific requirements before it can take effect.
Ultimately, what type of legal method is right for you will depend on many factors, including whether you expect it to be possible to repair the marriage, questions of violence or abuse, and more. We strongly recommend working with experienced family law professionals to determine the proper action for you and your marriage.
How Does Divorce Work in Kansas?
Divorce is the final legal end to a marriage in KS. Once a divorce decree is finalized, you are no longer legally tied to your former spouse and are free to meet other people and remarry. Marital property and debts will be permanently divided, and agreements on child custody, support, and visitation rights will be written into binding orders. Divorce is a decision that should not be taken lightly and is typically only chosen in situations where both people are sure that their relationship cannot be repaired and that they are ready to move on separately.
Selecting divorce over legal separation may also have specific tax implications and insurance effects. For instance, divorced spouses usually can no longer remain on the same health insurance plan and can no longer jointly file their taxes. However, these are minor matters, especially regarding questions like child custody, property ownership, etc.
The court can grant a divorce on any of the following grounds: failure to perform marital duty or obligations, incompatibility due to mental illness or incapacity, and fundamental incompatibility, which falls under no-fault grounds. To file for divorce in Kansas, at least one of the spouses must have lived in the state for at least 60 days before filing divorce papers. Additionally, there is a 60-day waiting period between filing for divorce and finalizing divorce proceedings.
What is Legal Separation?
In Kansas, a legal separation is described as a court order, the decree of separate maintenance, that outlines the rights and responsibilities of a married couple as they live apart but remain legally married. Under state law, a legal separation is known as a separate maintenance action. Obtaining an official legal separation allows both spouses to resolve financial issues such as division of assets, asset ownership, spousal support, and other matters while allowing one spouse to inherit from the other spouse’s estate.
Legal separations should be considered the ideal option for individuals whose personal values or religious beliefs prohibit them from getting a divorce and for married couples who believe that there is still a chance of reconciliation and repair.
During a legal separation, a family law court can issue orders similar to divorce cases, such as alimony, child custody arrangements, and property division. Many married spouses opt for legal separations for personal or financial reasons. Some may wish to remain on the shared health insurance policy, others may have religious or cultural values that make separations more acceptable alternatives, and still others may not be emotionally prepared for the end of their marriages. It is also worth remembering that although a divorce is a final order, legal separations can be reversed, allowing spouses to reconcile and return to their marriages.
What Are the Key Similarities Between Divorce and Legal Separation?
Among the key similarities between a divorce and a legal separation in Kansas are the following:
- The grounds for obtaining a divorce or a legal separation are virtually identical in the state
- Legal issues relating to child custody, parenting time, child support, alimony, and property or debt division will be handled in the same fashion as seen in both divorce matters and legal separation cases
There are various pros and cons to legal separations and divorces. The advantages of legal separation include allowing the spouses to remain on the same health insurance plans, providing time for reconciliation, addressing personal or religious beliefs, and, in some instances, financial benefits. However, some of the negatives of legal separation include the lack of finality in the situation, specific financial entanglements, and legal complexity not seen in divorce cases.
What Are Some of the Major Differences Between Divorce and Legal Separation?
Among the many key differences between legal separation and divorce are the following:
- A legal separation allows married couples to live separately without dissolving their marriage in any final sense. Married couples remain legally married under separation agreements and cannot remarry while those agreements are in effect. In contrast, a divorce terminates a marriage for good, allowing the parties to remarry if they choose
- A legal separation could allow a married couple to retain healthcare insurance, Social Security, and other benefits through their spouse. When you get a divorce, most or all of those benefits will be severed
- Legal separations allow married couples to inherit from the other spouse’s estate upon the spouse’s death unless those legal rights are waived as part of the separation agreement. In a divorce, these property rights are typically terminated
- Certain debts and liabilities may remain if you are only legally separated. During a divorce, obligations and liabilities will be divided
- In a legal separation, spouses are still considered to be next of kin, allowing them to make important financial or medical decisions on behalf of the other spouse. This is not possible when divorced, as ex-spouses are no longer considered next of kin
- A divorce requires a 60-day residency requirement before filing the necessary paperwork and a mandatory 60-day waiting period before finalizing the divorce process. These waiting periods do not apply to legal separation actions
Schedule Your Initial Consultation with Our Compassionate Family Law Attorneys Today
The correct action for your family law case will depend on various factors. Usually, it cannot be decided without first speaking with experienced lawyers.
Our law firm has extensive experience assisting clients through complex family law matters, including whether to file for divorce or a legal separation. To discuss your case in more detail, please get in touch with our law office to speak with a lawyer today.
Contact our law offices to schedule your case evaluation with our attorneys by calling us at 913-514-0909.
