Kansas Divorce Law
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Divorce Residency Essentials to Get Divorce in Kansas
Either spouse must have been a resident of Kansas for 60 days immediately before filing for divorce. The divorce may be filed for in a county where either spouse resides. [Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 607 and 1603].
Reasons for Divorce in Kansas
There are mainly two reasons of divorce in Kansas that is fault and general. In order to file for divorce in Kansas, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons for divorce in Kansas include:
- Incompatibility. [Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1601].
General reasons for divorce in Kansas include:
- Failure to perform a marital duty or obligation and
- Incompatibility due to mental illness. [Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1601].
Custody of the Children in Kansas
If the parents have entered into a written agreement regarding child custody, the court will approve it if it is in the best interests of the child. Where there is no agreement, the court may award joint or sole custody based on the best interests of the child and upon the following factors:
- The length of time and circumstances under which the child may have been under the care of someone other than a parent;
- Preference of the child;
- The wishes of the parents;
- The child’s adjustment to his or her home, school, and community;
- The relationship of the child with parents, siblings, and other significant family members;
- The willingness of each parent to respect and appreciate the bond between the child and the other parent and allow for a continuing relationship between the child and the other parent; and
- Any evidence of spousal abuse.
There is to be no preference given based on the sex of the parent, regardless of the age of the child. Joint custody may be awarded if the court finds both parents suitable. The court may order that a joint custody plan be submitted to the court by the parents. [Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].
Property Distribution in Kansas
Kansas is an “equitable distribution” state. The court may divide all of the spouse’s property, including:
- Any gifts and inheritances;
- Any property owned before the marriage;
- Any property acquired in a spouse’s own right during the marriage; and
- Any property acquired by the spouse’s joint efforts.
Property distribution may include actual division of the property, an award of all or part of the property to one spouse with a just and reasonable payment to the other, or a sale of the property and a division of the proceeds. The court considers the following factors:
- The value of each spouse’s property;
- The length of the marriage;
- The age of the spouses;
- Whether the property award is instead of or in addition to maintenance;
- How and by whom the property was acquired;
- The present and future earning capacity of the spouses;
- Family ties and obligations;
- Any dissipation of assets by a spouse;
- The tax consequences of property distribution; and
- Any other factor necessary to do equity and justice between the spouses. [Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].
Kansas Spousal Support Guidelines
Either spouse may be awarded maintenance for a period of up to 121 months. After 121 months, the recipient may apply for an extension of one more 121-month period. The amount awarded is whatever is judged to be fair, just, and equitable. There are no specific statutory factors for consideration. Payments are to be made through the clerk of the court or through the court trustee. [Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].
Kansas Child Support Guidelines
Either or both parents may be ordered to pay child support, without regard to any marital misconduct, based on the following factors:
- The financial resources of the child;
- The physical and emotional conditions and educational needs of the child; and
- The financial resources, needs, and obligations of both the noncustodial and the custodial parent.
Child support payments are to be paid through the clerk of the court or through the court trustee, unless the court orders otherwise. There are specific Supreme Court Child Support Guidelines contained in Kansas Statutes Annotated Chapter 20, Subject 165. [Kansas Statutes Annotated; Chapter 20, Article 1 Subject 165 and Chapter 60, Article 16, Subject 1610].
On either spouse’s request, or on its own initiative, the court may require that the spouses seek marriage and/or family counseling if marriage counseling services are available in the judicial district where the divorce is sought. Unless in emergency situations, there is a mandatory 60-day delay from the time the petition is filed until a final Decree of Divorce may be granted. [Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1608 and 1617].