Top 5 Kansas Divorce Laws

The top 5 things everyone should know about Kansas divorce laws.


Kansas divorce laws permit petitioning on one of three grounds: 1) incompatibility, 2) failure to perform a material marital duty or obligation, or 3) incompatibility by reason of mental illness or mental incapacity of one or both spouses. In the case of mental illness/incapacity, someone other than the spouse will be acting on his or her behalf when in court.

Kansas is one of the very few all property states. Assets considered include property brought to the marriage by one spouse, property acquired during the marriage by one spouse, and that acquired through joint effort. Both physical property and financial property (retirement plans and savings) are taken into consideration when it comes to a division.

The judge is made to look at the following criteria under Kansas divorce law, when it comes to dividing assets: the age of the spouses, their future earning capacities, the duration of the marriage, the history of the property, the tax consequences of a forced sale, family ties and obligations, and an allowance for alimony.

Courts have three options when it comes to division of property. They are 1) division of property in kind, 2) awarding property (or part of property) to one spouse, and requiring the other to pay a sum equal to that amount, or 3) the ordered sale of property in question and dividing the proceeds from the sale.

Spousal maintenance under Kansas divorce laws, may be awarded to either spouse in an amount the court finds to be fair, under all of the circumstances. Maintenance may be awarded as a lump sum, in periodic payments, on a percentage of earnings, and the court may not award maintenance for a period of time in excess of 121 months.

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