Property Rights in an Abandonment Divorce in Kansas

By Heather Frances J.D.

In Kansas, property is typically divided equitably between the spouses, regardless of the reason for the divorce. Since abandonment is not grounds for divorce in Kansas, your divorce must fit into one of the grounds Kansas recognizes. Then, the court can use many factors to determine how property should be divided between you and your spouse.

Grounds

Kansas recognizes three grounds for divorce: incompatibility, failure to perform a material marital duty or obligation, and incompatibility due to mental illness or incapacity. Most divorces in Kansas are filed under “incompatibility,” since this does not require you to prove conduct such as abandonment, adultery, abuse or other traditional grounds for divorce. Although abandonment and desertion are not named grounds for divorce in Kansas, you may file for divorce anyway if you and your spouse are incompatible.

Filing for Divorce

Either spouse can initiate the divorce by filing a divorce petition with the court in the county where either spouse lives. If you don't know where your spouse is, you can file where you live. Or, if your spouse abandoned you financially but you know where he lives, you may file in the county where he lives. The spouse who initiates the divorce can ask the court to decide temporary issues until the final divorce decree is issued. These temporary issues – such as whether you can remain in the family home – can be decided without initial input from your spouse.

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

Property Division

Kansas courts do not determine property division based on marital misconduct. Therefore, you won’t necessarily receive more property in your divorce because your spouse abandoned you. Some factors the court considers to determine an equitable division are the spouses' ages, duration of the marriage, spouses’ earning capacities, circumstances of the property’s acquisition, family ties and spousal support. The court may also have local guidelines that provide additional factors to be considered. After considering these factors, the court will order an equitable division of property, although this is not necessarily an equal division. Typically, the court will divide all marital assets and debts as equally as possible. Property that you acquired before you married, or property you received by gift or inheritance during the marriage, will usually be set aside for you without an offset for your spouse. For example, if you owned your home before you married, the judge may allow you to keep that property without providing a credit to your spouse.

Divorce by Publication

If you spouse abandons you and you don’t know where he is, you can still file for divorce. This type of divorce – called a divorce by publication – allows you to provide notice of the divorce to your spouse by publishing notice in the local newspaper instead of serving divorce papers on your spouse. You must request permission from the court to provide notice by publication by filing an Affidavit for Service by Publication. Then, if the judge grants your request, you must properly publish the notice, obtain proof of publication from the newspaper and file that proof with the court. If your spouse does not respond to the notice placed in the paper, the court may proceed with granting your divorce petition.

Divorce is never easy, but we can help. Learn More
How to File a Divorce in the Dallas County Courts
 

References

Related articles

Do-it-Yourself Divorce in Louisiana

In Louisiana, you are entitled to represent yourself in a divorce proceeding, although doing so may be unwise if the divorce is contested or if the issues involved are complex. Louisiana offers both fault-based and no-fault divorce. Louisiana also offers a "covenant marriage," which restricts the available grounds for divorce. You can obtain the necessary forms along with aid filling them out from an online legal document preparation service.

How Do I File for Divorce in Oregon?

In Oregon, divorce is called dissolution of marriage. Either spouse can file for dissolution and must do so in accordance with the procedures set forth in the Oregon statutes. During the dissolution proceeding, a court may divide marital property, award alimony, decide custody issues and terminate the marriage.

Filing for Divorce in Virginia With Adultery & Abandonment

When spouses decide to end their marriage in Virginia, they can file for no-fault or fault divorce. A fault divorce means that one spouse committed some type of marital misconduct leading to the end of the marriage. Two grounds for a fault divorce are adultery and abandonment. Not only does such misconduct give spouses the right to divorce, it is also considered when a court divides marital property or determines whether a spouse is eligible for alimony.

Get Divorced Online

Related articles

Types of Divorce in South Dakota

When spouses decide to end their marriage, one or both of them must file for divorce. To be eligible to file for ...

What Is the Difference Between a Default Divorce & No Fault in Arizona?

Arizona’s no-fault divorce laws make it easier to obtain a divorce than in other states where you must prove wrongful ...

Abandonment Laws in a Florida Divorce

Florida law provides that a court may grant a divorce request if the marriage is “irretrievably broken.” Whether the ...

California Divorce Law on Abandonment

At the time of publication, the state of California does not require you to have reasonable cause, such as evidence of ...

Browse by category
Ready to Begin? GET STARTED