Kansas Divorce Information
and FAQ
Kansas law permits no-fault divorces based upon incompatibility
of the parties. Additional grounds include failure to perform a
material marital duty or obligation, and incompatibility of the
parties due to metal defect. KSA 60-16-1601
Residency requirements Kansas law requires that at least one of
the spouses must be a resident of the state for a minimum of sixty
(60) days immediately prior to the filing of the petition for
divorce. KSA 60-16-607
Venue The petition for divorce may be filed in the county where
either party resides. KSA 60-16-1603
Legal separation Kansas law permits a judgment of separation. The
grounds for legal separation are the same as for a decree of
divorce. KSA 60-16-1601, 1603
Waiting period Unless the court has entered an order declaring
the existence of an emergency, no decree of divorce may issue until
sixty (60) days have elapsed from the filing of the petition for
divorce. KSA 60-16-1617 Alimony/support The courts may award alimony
to either spouse. Alimony may be periodic, lump sum, based upon a
percentage of earnings or any other basis. The award may be any
amount determined by the court to be fair and equitable. The court
may not award alimony for a period of time in excess of 121 months.
After the expiration of the original 121-month period, a party may
petition the court to extend alimony for an additional period not to
extend 121 months. KSA 60-16-1610
Distribution of property Kansas is an equitable distribution
state. This means that the court will divide the marital property
between the parties as it deems equitable and just, after setting
aside to each spouse the separate property of each. Some of the
factors the court considers in dividing the property between the
parties include:
1. The age of the parties 2. The duration of the marriage 3. The
property owned be the parties 4. The parties present and future
earning capacities 5. The time, source and manner of acquisition of
the property 6. Family ties and obligations 7. The allowance of
maintenance or lack thereof 8. Dissipation of assets 9. The tax
consequences of the parties 10. Other such factors the court
considers necessary for just and equitable distribution of property.
KSA 0-16-1610
Child custody Kansas courts will decide the issue of custody
based upon the best interests of the child. In determining the best
interests of the child, the court will consider: 1. The length of
time the child has been under the actual care and control of any
person other than a parent and the circumstances thereto 2. The
desires of the child 3. The interaction and interrelationship of the
child with parents 4. The child’s adjustment to the child’s
home, school and community 5. The willingness and ability of each
parent to respect and appreciate the bond between child and other
parent 6. Evidence of spousal abuse
The court may order joint or sole legal custody and may set up
residency plans which provide for sole or joint physical custody,
based upon the best interests of the child. KSA 60-16-1610
Child support In a proceeding for dissolution of marriage or
legal separation, the court may order either or both parties to pay
a reasonable amount necessary for the support of a child of the
marriage. The Kansas legislature has established child support
guidelines which establish the presumptive correct amount of child
support. Deviation from the guidelines require a specific finding by
the court that application of the guidelines would be unjust or
inappropriate and such findings must be included in the judgment.
KSA 60-16-1610 Counseling/mediation The court may order that either
or both parties to a divorce action and/or their children be
interviewed by a court approved counselor to determine whether
counseling is needed with regard to custody, residency, visitation
or parenting time. The court may order either or both parents to
attend parent education classes and may also order mediation if the
parents are unable to resolve issues and agree to a parenting plan.
KSA 60-16-1608, 1617
Name change The court, upon granting a final judgment of divorce,
may allow a party to resume the use of their former name. KSA
60-16-1610
|
(Customer Pays Shipping &
Handling)
