Learn with a Lawyer: Making the decision to get a divorce

Brandan Davies is a criminal defense lawyer in Overland Park, Kansas. Brandan assists clients with all types of criminal matters in all courts in Johnson County. Mr. Davies has been named as a Superlawyer, Top 100 Trial Lawyers by the National Trial Lawyers Association and is A/V Rated for his Criminal Law Practice.

When you get married, you and your spouse are entering into a contract. You must apply for a marriage license before getting married and that license must be approved by the laws of that state. Likewise, when making the decision to get a divorce, you also will also need a court’s approval.  In addition to the state action requirement for ending a marriage, there are countless other sources of pressure from family, friends, and society at large when deciding if divorce is right for you. Understanding the details of the legal process necessary to get out of wedlock is essential to making an informed decision about divorce. In arriving at that decision, many factors should be weighed—both legal and non-legal.

In Kansas, you do not have to wait any certain amount of time before petitioning the Court for a divorce. However, you do have to meet Kansas’ residency requirement of living in the state for no less than 60 days preceding the filing of your Petition for Divorce.  This may be either spouse, not just the spouse that is filing for divorce with the court. 

Kansas, like most states, now recognizes no-fault divorce, meaning that a couple (or one spouse) can simply determine that the marriage should end, without having to point to a fault-based action. Incompatibility is frequently used as the “no fault” ground for requesting a divorce. This is typically very easy to prove just by the nature of the fact that one party is suing the other for divorce. If one spouse uses the incompatibility argument, the court will grant the divorce. Incompatibility is the first and preferred ground upon which to find divorce proper.  

Aside from a divorce, you could also file for an annulment or a separation.  An annulment means that a marriage is void and the marriage is treated as if it never occurred. Annulments are fairly rare but can certainly be pursued in cases where a spouse feels as though he or she entered into the marriage on some basis of fraud or deceit. Annulments may also involve incest, fraud, bigamy, or infancy.  If an annulment is approved by the court, these marriages can be voided rather than dissolved by the court. A void marriage is treated as if it never happened at all. While this seems like a large distinction—and it can make a huge difference in rare circumstances—annulments and divorces are largely treated the same today. The required circumstances for an annulment are rare and therefore unlikely to be present in most marriages. 

If you have any questions, give our experienced lawyers at Roth Davies LLC a call today at 913-451-9500.

With decades of experience on our side, the attorneys at Roth Davies are proud to serve individuals across the Overland Park area on issues related to personal injury, family law, divorce law and criminal defense. We’re here to help you find a solution.