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Grounds for Divorce

The team at Jacobson Ryan Law Offices can help you with your divorce. Kansas is a no-fault state for divorce. Under current law, there are only three grounds for divorce: incompatibility, failure to perform a material marital duty or obligation, and incompatibility by reason of mental illness or mental incapacity of one or both spouses.

 

Having Your Divorce Granted

In order for the court to have jurisdiction to grant a divorce, one or more of the following set of facts must exist.
  • You have resided in Kansas for at least 60 days prior to the date the divorce is filed
  • Your spouse has resided in Kansas for at least 60 days prior to the date the divorce is filed
Once the divorce is filed, all property owned either individually or jointly becomes marital property, subject to a fair, just, and equitable division by the court. The court has the authority to award financial spousal support, referred to as maintenance to one of the parties.

 

Divorcing in the Military

In cases involving one or both spouses being a member of the armed forces of the United States, the court also has the authority to divide the service member's military retirement, regardless of whether the service member is retired or still on active duty.

If the parties have less than 10 years of marriage overlapping with the service member's 10 years of military service at the time the divorce is granted, then the nonmilitary spouse will not receive by direct military payment from the defense finance center his or her portion of the military retired pay once the service member retires, but rather must rely upon the service member to pay the divorced spouse.
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