Residency Requirements for Divorce: Kansas
Kansas has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Kansas residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Kansas Filing Requirements: In order to file for a divorce in Kansas, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
The petitioner or respondent in an action for divorce must have been an actual resident of the state for 60 days immediately preceding the filing of the petition.
Military residence. Any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation. (Kansas Statutes - Chapter 60 - Article 16 - Subject: 607 and 1603)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Kansas for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Kansas.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your Kansas Divorce Today (5 Great Options!)
- Locate a Kansas Divorce Professional Near You
- Read More About Kansas Divorce Laws
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