Kansas Legal Separation Agreement
Kansas offers legal separation as a decree of separate maintenance under K.S.A. 23-2701, with a 60-day residency rule, so a couple can settle their affairs while staying married. Attorney review available.
Find out where you stand in Kansas
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Introduction
In Kansas a legal separation is a decree of separate maintenance that the district court grants under K.S.A. 23-2701 on the same grounds as a divorce, dividing property and setting support while the couple stays legally married. Under K.S.A. 23-2701 the district court can grant a decree of divorce or a decree of separate maintenance on the same grounds: incompatibility, failure to perform a material marital duty or obligation, or incompatibility by reason of mental illness or mental incapacity. The difference is the outcome. A decree of separate maintenance does not dissolve the marriage: the spouses stay legally married and neither may remarry, even though the court can divide the couple's property, order maintenance, and address custody just as in a divorce. Kansas has a short residency rule: the petitioner or respondent must have been an actual resident of Kansas for 60 days immediately before filing (K.S.A. 23-2703). A practical point that matters in Kansas is who controls the outcome: a court generally cannot force a spouse who asked only for separate maintenance to take a divorce instead, though if the other spouse counters by seeking a divorce the court can grant it. When the court divides property it does so by equitable division of all property the parties own, regardless of when or how it was acquired (K.S.A. 23-2802), and any maintenance it orders is set at an amount that is fair, just and equitable, with a single order generally not exceeding 121 months (K.S.A. 23-2902). Because that property division is the same one used in a divorce, those terms belong in a Kansas Marital Settlement Agreement; if you decide to end the marriage, the pleading that starts it is a Kansas Divorce Petition. DocDraft builds your Kansas separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Kansas, legal separation takes the form of a decree of separate maintenance. K.S.A. 23-2701 lets the district court grant a decree of divorce or of separate maintenance on the same grounds, but a separate maintenance decree keeps the couple legally married; neither spouse may remarry.
- 2
A Kansas decree of separate maintenance does not dissolve the marriage. The court can divide property, order maintenance, and address custody while the spouses stay married, which is the key difference from a divorce.
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Kansas grounds are shared with divorce: incompatibility; failure to perform a material marital duty or obligation; or incompatibility by reason of mental illness or mental incapacity (K.S.A. 23-2701). Incompatibility is a no-fault ground, so neither spouse must prove wrongdoing.
- 4
Kansas has a short residency rule. The petitioner or respondent must have been an actual resident of Kansas for 60 days immediately before filing the petition (K.S.A. 23-2703).
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A spouse who asks only for separate maintenance generally cannot be forced into a divorce by the court, but if the other spouse responds by seeking a divorce, the court can grant the divorce instead.
- 6
When a Kansas court orders maintenance in a separate maintenance case, it sets an amount that is fair, just and equitable, and a single order generally may not exceed 121 months (K.S.A. 23-2902).
- 7
Kansas divides property by equitable division of all property the parties own, regardless of when or how it was acquired (K.S.A. 23-2802). Because that division is the same one used in a divorce, those terms belong in a Kansas marital settlement agreement rather than the separation itself.
Key decisions before you file
Before you file a Legal Separation Agreement in Kansas, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Kansas Requirements for Legal Separation Agreement
Decree of Separate Maintenance
In Kansas, legal separation takes the form of a decree of separate maintenance. K.S.A. 23-2701 lets the district court grant a decree of divorce or of separate maintenance; a separate maintenance decree keeps the couple legally married, and neither spouse may remarry.
Marriage Not Dissolved
A Kansas decree of separate maintenance does not dissolve the marriage. The court can divide property, order maintenance, and address custody, but the spouses remain married and neither may remarry. Ending the marriage requires a decree of divorce.
Grounds Shared With Divorce
Kansas grants separate maintenance on the same grounds as a divorce: incompatibility; failure to perform a material marital duty or obligation; or incompatibility by reason of mental illness or mental incapacity (K.S.A. 23-2701). Incompatibility is a no-fault ground.
60-Day Residency
To file in Kansas, the petitioner or respondent must have been an actual resident of Kansas for 60 days immediately before filing the petition (K.S.A. 23-2703). This is one of the shorter residency requirements among the states.
Court Cannot Force a Divorce
A Kansas court generally cannot grant a divorce to a spouse who asked only for separate maintenance and objects to a divorce. The other spouse can, however, respond by seeking a divorce, and if a ground is established the court can grant it instead.
Maintenance Amount and Duration
In a separate maintenance case a Kansas court may order maintenance in an amount that is fair, just and equitable, and a single order generally may not exceed 121 months (K.S.A. 23-2902). The parties can agree to a longer duration in their own agreement.
Equitable Division of Property
Kansas divides property by equitable division of all property the parties own, regardless of when or how it was acquired (K.S.A. 23-2802). Because this is the same division used in a divorce, set it out in a Kansas marital settlement agreement rather than in the separation itself.
Separation Versus Marital Settlement Agreement
A Kansas separate maintenance decree sets the couple's status; a marital settlement agreement is the contract that divides property and sets support and is used in both a separation and a divorce. Keep the money and parenting terms in the marital settlement agreement and rely on the separate maintenance decree for status.