How to Get a Legal Separation in Kansas
A legal separation allows couples who do not want an immediate divorce to live apart from each other under a legal agreement. Many states have laws that specifically recognize legal separations. Kansas specifies a number of grounds for which courts will grant separation. The cause of action for separation is known as "separate maintenance" in Kansas. The statute also requires the parties to be residents of the state for at least 60 days immediately prior to the action.
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Instructions
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Determine the grounds for your cause of action. Among the grounds that Kansas recognizes for separation are incompatibility, failure to perform a material marital duty and incompatibility by reason of mental illness. An additional grounds for separation is an adjudication of mental illness.
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Prepare the summons and the petition. Follow the guidelines for preparing the legal documents. The statute provides specific rules for the caption. Your petition must state one or more of the grounds for separate maintenance without a detailed statement of the facts. The rules require that the grounds be alleged as nearly as possible in the general language of the statute.
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File your papers at the court house and pay the filing fees (see Resources). Under Kansas law, the case will not be heard until 60 days after the filing of the petition, unless the court deems the case an emergency. The parties have the right to petition the court stating the facts that support a ruling that there is an emergency.
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Serve the summons and complaint on your spouse. The opposing party to a lawsuit has to receive notice that a case is pending against them. After the petition is filed, the clerk of the court will issue a summons for service upon the defendant. Deliver the papers to the county sheriff. The sheriff of the county in which the action is brought is the person designated by statute to serve process.
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Prepare for a hearing or a trial. Your spouse has the right to contest the case and interpose defenses. If the case cannot be settled, there will be a trial. If your case is an uncontested case, the hearing will be relatively straightforward and simply confirm the facts in your petition. You should consider whether you will need witnesses and what documents you have that will support your case.
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Tips & Warnings
This article does not constitute legal advice. You should consult with legal counsel in Kansas for a full assessment of your rights and responsibilities.
References
Resources
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