A new marriage makes one feel like they have it all, with your spouse, and you love one another like there is no tomorrow. This is like a burning fire that is put out slowly, and with time you can't bear living under the same roof. You cannot return to lying with them in the same bed, and intimacy becomes a thing of the past. It even feels like it does not matter anymore.
Some circumstances contribute to this feeling, where spouses start to consider being separated. For some, they walk out and abandon their families. This gives you legal grounds to file for a divorce. However, you do not dare to fear stigma from friends and the community. You also do not wish to hurt your partner, and it is your wish to try as much to rescue the drowning marriage.
The good news is that you can opt to file for a legal separation. Despite being a legal process, it does not dissolve your marriage. It is also essential to understand that not all marriages can be reconciled after a legal separation. Have an open mind and expect any outcome. This process is commonly known as separate maintenance in Kansas. If you are interested in pursuing it, here is a detailed report on how to go about it.
According to Kansas law, legal separation refers to a legal process that seeks a couple to be separated under the law. This is not a divorce, and the couple, despite living separately, is technically married. Living apart from one another is not a legal separation, even if the couple is lawfully married. For partition to be legal, you must undertake a formal filing.
This has been a good option for some couples because the separation helps them focus on the importance of their spouses in their lives. It also helps them to identify the real issues affecting their marriage. Note that not all couples reconcile after this legal process.
When filing for legal separation, there are multiple steps to be taken in this process. With one step at a time, you can start by getting familiar with how to file for legal separation in Kansas. One person in the marriage can file for separation. There are requirements of the law when one is filing for separation, and they include:
Valid ground for the separation is also required when filing for legal separation. Kansas, however, is among the no-fault states. This means it is unnecessary to cite the exact reason for filing for the split and pointing fingers. You can state irreconcilable differences or incapability when filing.
Come to think about the advantages you can get from a legal separation. Well, depending on your expectations, there is a lot of good that can come out of a legal separation. Some people will use it to step up to a divorce; others will benefit from restarting their love story. Every marriage is unique, and so are the benefits. However, there are common ones that include:
As long as you can find some advantages with the legal separation, you are also likely to encounter disadvantages. The disadvantages will also affect each separation differently. Here are the main disadvantages:
Thousands of people are unsure of the proper legal process to start. They are not to blame since this stage can be confusing. However, as promised, let's gather information on the two approaches to conclude.
First of all, divorce concludes a marriage altogether. If the two wished to reconcile their differences, they would have to marry again. This is the opposite of a legal separation since it allows time to cool off, and couples have the chance to reconcile.
When a couple has been legally separated, they establish a maintenance agreement since they are technically married. The couple has the chance to agree and decide on how to allocate parental duties and responsibilities, among others.
Judicial processes require time since they are not decided in a day. Legal separation is a judicial process, and you need to know it may take a while before the verdict arrives. However, the separation processes are all unique and determined by the ability of the couple to agree. If the legal separation is undisputed, it takes approximately 6 to 9 months—the time taken to complete the process.
The legal process will always require funding, and legal separation requires that money be paid during filing; as we have said earlier, every case is unique, even in terms of payments. The total cash you need will also include the attorney's fees, court costs, therapists, etc. An attorney will be charged hourly, and the longer the process takes, the more money you will spend. Having undisputed issues helps to minimize the time taken to complete the process. A roughly $197 has to be paid when filing for legal separation.
Every child has the right to basic needs, despite the state the parents' marriage is in. Responsibilities of provision should be divided among the parents; this applies to cases even where one parent has no income. The non-custodial parent is expected to part with more money for child support.
When custody has been granted to one parent, the non-custodial parent has visitation rights. This is where you are allowed to spend time with your child as part of shared responsibilities. If the parents are not in agreement on the custody and support of the children, then the judge rules in favor of the child. There are some consideration factors, mainly where the child has expressed it. Ensure separation and implications have been explained to children leaving no stones unturned, especially on matters of custody
Most couples pursuing legal separation have been on a trial separation. The difference is that the trial separation is not legally binding. The court does not influence it, and it is solely an agreement of the couple. For some couples, the trial separation is helpful. This is especially true for couples who feel they still have a chance for reconciliation.
This is a time that allows the couple to work out their differences without any legal requirements. This process helps other couples eliminate unnecessary court proceedings filing for separation or divorce.
Filing for a legal separation can be emotionally challenging. The situation is better when the attorney is present. Other legal documents require an agreement, which is difficult for a couple whose marriage is on the rocks. When an attorney is 'present,' the couple will also receive guidance on the legal process. An attorney can understand, interpret, and guide multiple procedures and terms.
This is a legally binding document for the couple, and the judge should sign it. This is an agreement that states the conditions of their separation. The deal will remain effective until the court terminates it. If the couple decides to move ahead with the divorce, the same agreement will be used. To settle and agree quickly, couples are encouraged by the court to work together for quick amicable solutions. This document will require the judge's approval, and if there is unfairness, the judge is likely to reject it.
This agreement states how issues are to be addressed and divided during the separation period. When preparing for the deal, it is essential for all parties to be honest, especially with their financial status. The agreement should include details on running joint bank accounts, division of assets, and debts. This agreement should also feature how you would like child custody and support. Ensure you also include spousal support, where applicable.
Due to the complexity and significance of the agreement, the help of an attorney can come in handy. You will receive legal guidance on how specific issues are best addressed and resolved. However, the couple must be in agreement and aware of the details in the contract. When choosing an attorney, consider their experience and expertise. These factors will determine their aggression in representing and guiding you through the legal process.
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