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What different kinds of Domestic Relations actions can be filed in Kansas?

The kinds of domestic relations actions available depend upon whether the relationship is marital non-marital.

Marital Relationships:

There are three different domestic relations actions that can be filed in Kansas between married persons. Each of the marital actions that can be filed affects the status of the parties’ relationship in different ways. In addition, persons who are not married but have been living together may seek the court’s assistance to divide property accumulated by them in certain situations. This FAQ addresses marital causes of action:

Divorce. The first kind of action is the most commonly known. It is the "divorce."

A divorce requests that the marriage of the parties to the action be dissolved. A divorce presumes that the marriage of the parties is valid and that there will be no marital relationship between the parties after the requested order is granted. This action also requests that the court make orders regarding property and debt division, child custody, residency, parenting time, third party visitation and child and spousal support issues, if those are appropriately before the Court.

Separate maintenance. The second kind of action is a "separate maintenance" action.

The “separate maintenance” action is a form of what is commonly known as a "legal separation." A separate maintenance action does not dissolve the parties' marriage, but does request that the court issue various orders regarding property and debt division, child custody, visitation and support and spousal support issues. The separate maintenance action is basically a holdover from earlier times when divorces were more difficult to obtain. It is not commonly filed and may increase costs. If a separate maintenance action is filed by one party and the other party requests a divorce, the court must grant the divorce rather than the separate maintenance request.

Annulment. The third kind of domestic relations action is an "annulment."

An annulment can be requested no matter how long or short two people have been married, so long as the requirements of the statute are met. An annulment may be obtained if the marriage is either "void" or "voidable." In other words, the court may grant the parties an annulment if the parties either could not have become legally married in the first place (such as because they were too close in family relationship or there was some legal prohibition on the parties becoming married) — a "void" marriage — or if there was some significant fact about which one or both parties did not have knowledge that existed at the time of the marriage which would have led that person not to enter into the marriage or if there was some other defect in the parties' marriage other than a prohibition on their marrying — a "voidable" marriage.

Non-Marital Relationships:

Although an unmarried couple cannot obtain a “divorce,” Kansas law provides that the courts may determine the equitable division of property between the cohabitants if they cannot agree on the way they should divide the property they accumulated.

 

 

Nelson & Booth
Suite 160; 10990 Quivira Road
Overland Park, Kansas 66210
-2025
(Kansas City Metropolitan Area)
Telephone:
(913) 469-5300
Telecopier:
(913) 469-5310
E-fax
(801) 697-8455
E-mail: Ronald W. Nelson or Joseph W. Booth

 

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Last updated 3/10/2006