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What are the kinds of Domestic Relations actions that can be filed in Kansas?

 

The kinds of domestic relations (family law) actions that can be filed in Kansas depend upon whether the relationship involved is “marital” or “non-marital.”

Marital Relationships:

A “marital” relationship is a “marriage.” A “marriage” can be “licensed” or “common law.”

A “licensed” marriage is one in which the parties obtained a marriage license from the state and were married as provided by the laws of the place where they were married.

A “common law” marriage is one in which the parties became married under certain “common law” rules. Not all states allow people to become married at “common law” in that state; however, every state recognizes common law marriage entered in another state and divorces couples who are married at common law in a State that recognizes common law marriages as valid.

If a couple is married, whether by license or at common law, they can only divorce by court order. There is no such thing as a “common law divorce.”

Three different kinds of domestic relations actions exist effecting the marriage relationship in Kansas – divorce, annulment, and separate maintenance. Each of these types of marital action effects the couple’s marital status in a different way.

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 the couple is married, as long as the requirements of the statute are met to obtain the annulment. An annulment may be obtained if the marriage is a "void" marriage or a"voidable" marriage.

A “void” marriage is a marriage prohibited by the laws of the state in which the couple married. Examples are marriages between a couple too closely related (first cousins or closer in Kansas) and marriage between two people when one of them is still married to another person. If a marriage is “void,” Kansas courts must grant a requested annulment.

A “voidable” marriage is a marriage that may be invalidated by one of the parties to the marriage because of some “material fact” that existed when the couple married. Examples of “voidable” marriages are a marriage in which one (or both) parties did not know about a “material fact” that existed when they entered into the marriage that would have led them not to marry if that fact had been known (called a “mistake of fact”) or when one party was caused to enter the marriage by a fraudulent representation. If a marriage is “voidable,” Kansas courts may, but are not required to, grant a requested annulment.

 

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.

 

 

RONALD W. NELSON PA is a Kansas law firm focusing its practice on handling complex marital and non-marital domestic relations disputes, including separation and divorce, determination of parentage and associated issues (child custody, parenting time, spousal and child support) as well as the representation of parents in international and interstate child abduction and jurisdictional disputes. Trained in Collaborative Family law, the attorneys at Ronald W. Nelson PA are Fellows of the American Academy of Matrimonial Lawyers and the International Academy of Matrimonial Lawyers.

 

Licensed to practice law only in the State of Kansas

 

Ronald W. Nelson PA
~ A Family Law Practice ~
11900 West 87th Street Parkway; Suite 117
Shawnee Mission, Kansas 66215-4517
(Kansas City Metropolitan Area)
Telephone: (913) 312-2500
Telecopier: (913) 312-2501
contact at:
ron@ronaldnelsonlaw.com

 

 

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Last updated 07/11/2009