How to Get a Legal Separation in Kansas

By Teo Spengler

While some couples describe a few weeks apart as a "trial separation," the act of moving a suitcase to a friend's apartment does not constitute a separation in the eyes of Kansas courts. Instead, "legal separation" describes an alternative to divorce in which the parties remain married but live apart under a court decree of separate maintenance. The procedure for such a decree is outlined in Kansas statutes and provides for the same type of property division and financial arrangements between spouses that a divorce offers.

Step 1

Be a resident of Kansas for at least 60 days before you file for legal separation. You cannot file for legal separation in Kansas unless either you or your spouse has resided in the state for this period of time.

Step 2

Evaluate your grounds for a legal separation. Kansas requires the same showing for a legal separation as for a divorce: incompatibility, failure to perform a material marital obligation or mental incapacity. Only select the latter ground if your spouse has been confined to a mental institution for a minimum of two years or a court has judged him to be mentally ill.

Divorce is never easy, but we can help. Learn More

Step 3

Obtain a sample separate maintenance agreement from a reputable online legal site. Using it as a guide, draft your own separate maintenance plan and discuss it with your spouse. The arrangement must include both a division of assets and debts as well as cover child support and custody issues. Negotiate the terms with your spouse until you are both satisfied, if at all possible. If agreement is not possible, consult an attorney for assistance.

Step 4

Double-check your agreement, then print it in final form. Sign and notarize the agreement; witness your spouse doing the same.

Step 5

Obtain necessary legal forms from a Kansas family law court or a reputable online legal document provider, including the Petition for Separate Maintenance. Following the form instructions, fill out the Petition for Separate Maintenance. Append your maintenance agreement to the petition.

Step 6

File the petition in the family court of the county where either you or your spouse resides. Pay the current filing fee. Appear at the hearing date with your spouse and ask the court to incorporate your agreement into the decree for separate maintenance.

Divorce is never easy, but we can help. Learn More
How to Prepare a Legal Separation Document



Related articles

State of Oregon Divorce Decree

In Oregon, a divorce decree — also called a judgment of dissolution of marriage — is the court order that both terminates your marriage and provides details of your separation from your spouse. While it is possible to obtain a divorce decree in Oregon without hiring an attorney, you may wish to consult with one about your specific situation.

How to File for Legal Separation in New Jersey

Dissolving a marriage is an emotionally draining process even when both spouses are on board. It may be easier to handle the break in stages, with separation serving as an interim step before moving straight to full-fledged divorce. Many states, such as California, have statutes that provide for legal separation and detail the responsibilities of both spouses and the courts during the process. Unfortunately, New Jersey doesn't make it so easy. While there is no legal separation statute in New Jersey, there are alternatives that allow separating spouses to set out their respective obligations and provide for court enforcement.

How to Prepare a Legal Separation Agreement

A legal separation agreement is a formal document that outlines the terms of a couple's separation. This is usually a temporary document, remaining in effect until a couple divorces or reconciles. In many cases, spouses work together to formulate the agreement, so such documents require couples to work together to reach mutually agreeable decisions. The exact requirements for the contents of a legal separation agreement vary by state, but generally, they address issues such as child custody, division of finances and living arrangements.

Get Divorced Online

Related articles

Connecticut Divorce Law on Living Separate Lives in the Same Home

Sometimes it is not feasible for one spouse to move out of the marital home in preparation for a divorce. The drive to ...

Legal Separation Enforcement in Maryland vs. Divorce

Maryland offers two types of divorce: limited and absolute. When a couple wishes to separate and is not ready to ...

How to Draft Legal Separation Terms

Legal separation is a marital status that falls somewhere in between marriage and divorce. It serves the needs of ...

Divorce & Legal Separation Laws in Pennsylvania

Technically, Pennsylvania’s statutes contain no mention of "legal separation." This is a bit misleading, however, ...

Browse by category
Ready to Begin? GET STARTED