How long do I have to live in the state to file for divorce in Kansas?

In order to file a Divorce action, either the husband or the wife must have been a resident of the State of Kansas for at least 60 days (2 months) before filing the petition for divorce. This limitation, however, applies only to divorce – not to any other filing.

A Petition for Separate Maintenance (“legal separation”) can be filed on the same day one of the spouses becomes a “bona fide” resident of Kansas. However, if the other spouse does not live in Kansas, the court may not have power to do anything other than grant a decree affecting the parties relationship.

A Petition for Annulment of marriage can also be filed on the same day one of the spouses becomes a “bona fide” resident of Kansas. However, if the other spouse does not live in Kansas, the court may not have power to do anything other than grant the annulment.

A domestic relations action is usually filed in the county in which either you or your spouse resides. Your attorney will discuss the exceptions to this procedure if you wish to file in a different county.

Kansas law does not require that either party continue to live in the State after the filing date of the petition – although it may be advisable.

 

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