How to File for Legal Separation in Kansas
- 1). Determine if you are eligible for a legal separation. You must establish the same grounds for separation in Kansas as for divorce. These grounds include: the couple not being compatible, one or both spouses having mental illness, and either spouse failing to perform marital duties.
- 2). Discuss with your spouse an equitable division of assets and debt responsibility. Kansas law requires this same division of assets in divorce, whether it is established by the couple or by the judge.
- 3). Agree on custody and visitation for your children, although the judge has final authority to determine custody rights..
- 4). Write out your legal petition, modeling it on language provided in Kansas Statutes, article 16, chapter 60, section 1604 (see Resources). All of the information you gathered should be stated, including grounds, asset and debt division and child-custody provisions.
- 5). File your petition in the court clerk's office for the Kansas county in which you reside.
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