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Like a divorce, couples seeking a legal separation must also provide the court with a legally acceptable reason, or grounds, for the request. Kansas is a no-fault divorce state, meaning neither spouse needs to point fingers at the other to prove a breakdown in the marriage.
If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties separation. It is not required for a divorce in North Carolina, and it doesnt make a divorce in North Carolina easier or more difficult to obtain.
Is there legal separation in Kansas? In Kansas, there is not a mandatory period of separation prior to divorce. As long as you have been a resident of the state for sixty days prior to filing the petition for divorce, you are not required to live separately before or after the petition has been filed.
If you are divorcing on the grounds of separation you will need to have been separated for two years (if you both agree) or five years (if you dont agree) before you can start the process. If you are looking to issue a divorce petition immediately, it has to be based on complaints of behaviour or adultery.
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A legal separation is a way for a couple to live separately without dissolving the marriage. The parties are still legally married under a legal separation. Under Kansas law, this is known as a separate maintenance action. The grounds for a separation are the same as a divorce.
They must have lived separate and apart for at least two years. This view is taken by the courts to give the parties time to look back on their relationship and try to reconcile without having to be concerned about prejudicing divorce proceedings.
In Kansas, the courts view a legal separation as an alternative to divorce, a situation that allows both spouses to remain married but live apart and to do it under a court decree.
To obtain a legal separation, the spouses must agree that separation is preferred over divorce. If one spouse files a petition for separate maintenance, and the other spouse requests a divorce, the court must rule on the divorce request instead of the separate maintenance petition.
A separation agreement must be entered into freely, fairly and voluntarily. If it can be proven that there were physical, verbal or psychological threats during the negotiating and signing of the terms, the agreement may be thrown out by the Courts.

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