How Do Kansas State Residency Laws Affect Divorce?
The state of Kansas has specific requirements regarding residency for a couple that is filing for divorce. As such, it is important for divorcing couples to understand Kansas law as it applies to both parties and their children. Kansas imposes a 60-day residency requirement prior to filing a divorce. In addition, the state also requires a 60-day waiting period between filing for the divorce and attending a hearing.
However, one or both parties may not understand the full measure of the requirement or how to apply the law in a case where there is a divorce in separate states. For this reason, it is important to seek consultation or representation from a knowledgeable divorce lawyer in Overland Park, Kansas. Below is a quick guide to understanding Kansas state residency laws and how they affect a divorce.
Kansas Residency Requirements in a Divorce Case
The Kansas residency requirements for divorce in different states is as follows:
- The person filing for a divorce must have been a Kansas resident for at least 60 days prior to filing the petition.
- The person filing for the divorce should live in the county in which they file (although courts may grant exceptions in certain situations).
- A person in the military may file for a divorce in any county adjacent to the military post. The individual must still be at their post for at least 60 days prior to filing the petition.
When filing for divorce, the court may request proof of residency. An individual may submit a valid driver’s license, rental agreements, property tax information (homeownership), or another document that verifies a residency of at least 60 days.
Alternative Options for Filing a Divorce
In some cases, a petitioner may not meet the requirements outlined above. If so, there are other options for filing for a divorce if the individual does not live in the state of Kansas, such as:
- Establish short-term residency in Kansas for up to 60 days before filing. When this is a viable option, the petitioner does not have to live in Kansas the full 60 days before beginning the process.
- The spouse that lives outside of Kansas can request that the spouse who lives in Kansas submit a petition for divorce. In either case, at least one spouse must still meet Kansas residency requirements.
- Choose another state in which one or both spouses meet the minimum requirements to file for divorce.
Without proper legal guidance, navigating these laws and their exceptions can be a headache. Jeffers Law Office is here to offer clear answers and guide your case from start to finish.
Kansas is a No-Fault Divorce State
Kansas is a no-fault divorce state. As such, the state allows “incompatibility” grounds for divorce. More specifically, an individual does not have to prove or allege that the other party engaged in wrongdoing to proceed with the petition. Both parties must simply agree that the marriage is incompatible.
No-fault divorce has no bearing on whether one or both parties live in the state of Kansas. As such, one party cannot force another party to move to or remain living in Kansas to complete the divorce process as long as one party that meets the minimum requirements for residency is willing to petition for the divorce.
Need Legal Representation? Get Help from a Kansas Divorce Lawyer
There is nothing easy about divorce. In many cases, one or both parties may struggle with a custody battle or establishing a fair financial settlement. For this reason, it is important to hire a divorce lawyer in Overland Park, Kansas who can assist with a case and ensure that a party’s rights are protected.
Jeffers Law Office provides comprehensive legal services for clients in divorce cases in Overland Park and throughout Johnson County, Kansas. Contact Jeffers Law Office for a free case assessment and legal services from an experienced family law attorney.