What is an absolute divorce?
An absolute divorce is a court-ordered dissolution of a marriage in Kansas. It is the legal end of a marriage and is often referred to as a “no-fault” divorce. An absolute divorce is usually granted when there are irreconcilable differences between the parties that have caused the breakdown of the marriage and there is no chance of the parties reconciling. In order for an absolute divorce to be granted in Kansas, one spouse must have been a resident of the state for at least 60 days prior to filing for the divorce. If both spouses are residents of Kansas, they can file for an absolute divorce regardless of length of residency. Once an absolute divorce is granted, all assets are divided and debts are assigned. This includes the division of all marital property, including any retirement accounts, real estate holdings, and other assets. The court will also decide issues such as alimony, child support and/or custody as part of the divorce proceedings. If child custody is an issue, the court will consider the best interests of the child or children in making its decision. Once the court enters a decree of absolute divorce, the parties are legally considered single. This means the parties are no longer legally married and can remarry or enter into a domestic partnership without legal repercussions. However, it is important to note that being legally divorced does not automatically release one party from obligations to the other under the original terms of the marriage.
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