Kansas Divorce Laws
A petitioner in Kansas will file for a divorce in the district court. The respondent is the other spouse; one or both of the parties must meet the residency requirements. A Decree of Divorce will be granted at the end of the proceedings. A legal separation in Kansas can have provisions regarding property, child custody, and financial support issues similar to those in a divorce.
Often a legal separation will precede an actual divorce. Either spouse may request that their name be changed to a former name upon finalization of the divorce. The grounds for a divorce in Kansas include: incompatibility; failure of one spouse to perform a marital duty or obligation; or mental incapacitation of one or both spouses.
Kansas Divorce Laws & Property
Kansas is an equitable distribution state and will divide marital property in an equitable but not necessarily equal fashion. The court will consider many factors when dividing the property, including:
the duration of the marriage; the age of both spouses
how the property was acquired
the present and future earning capabilities of both parties
any separate properties owned by the parties
family obligations
tax consequences of property awards
and the cost of property maintenance.
Any properties acquired by either spouse before the marriage can be considered separate and may be awarded to the original owner. The division of assets such as retirement or pension plans will be decided by the court based upon individual circumstances.
Kansas Divorce Laws & Alimony
Spousal support may be granted to either spouse if it is justified and fair. Alimony may be awarded on a temporary or permanent basis, and the awards may be a lump sum or a series of payments. There is a limit in the state of Kansas for how long one spouse is supported by alimony unless there are provisions or special circumstances. The court will consider many factors when deciding alimony, including the financial resources of all parties involved, the earning potential of the supported spouse, and whether the supporting spouse can reasonably meet all their other financial obligations while paying alimony.
Kansas Divorce Laws & Child Custody
The court considers what is in the best interest of the child and will look at both parents as possible custodians, regardless of gender or occupation. Factors that help determine child custody include:
the wishes of both parents to be the custodial parent
the wishes of the child if the child is determined to be mature enough to express their opinion
the child’s relationship with both parents
the child’s adjustment to their home, school, and community and how custody will affect this
the ability of both parents to encourage the child’s relationship with the other parent
whether there are other non-parental caregivers in the child’s life
any evidence of abuse by either parent or someone who lives with the parent
or whether the parent or a live-in partner is a registered offender.
The issue of which spouse was at fault for the divorce based upon marital misconduct is not factored in when deciding child custody. When child custody is an issue, the court may order the parents to attend mediation or counseling. The court may also request that the child be interviewed by a professional mental health expert or counselor.
Kansas Divorce Laws & Child Support
Kansas uses the income shares model to calculate child support. The incomes of both parents are determined and then a financial amount is generated. Each parent is responsible for a portion of the child’s support that is proportional to their income. If at any time during the duration of the child support agreement there is a significant change in either parent’s financial circumstances, the support amount may be modified by the court. The goal of the court is to make sure that all of the financial needs of the child are adequately met. Factors that determine child support in addition to the incomes of the parents include:
any special physical, mental, or educational needs of the child that will require extra finances;
and any other financial obligations of the parents such as other spouses or children.
Most child support agreements in Kansas will expire when the child turns 18, unless there are provisions in the agreement to support the child beyond that age. This usually occurs when the child attends postsecondary school and still needs financial support from their parents or if the child is still a “bona fide” high school student even when they turn 18. In this case, the court considers the child a minor who needs support until they graduate from high school. If the child leaves high school and is capable of supporting him or herself, the child support agreement may be revisited by the court.
