Divorce Guide to Kansas

Divorce Guide to Kansas

A woman's guide to getting a divorce in Kansas

Posted to Resources by First Wives World on Mon, 07/19/2010 - 12:13am

KANSAS DIVORCE LAWS:

The Residency Requirement: The party filing the complaint must have lived in Kansas for 60 days prior to the filing of the complaint.

Grounds: No Fault - Incompatibility; Fault - Failure to perform a material marital duty or obligation; Incompatibility by reason of mental illness or mental incapacity.

Property Division: Kansas is an equitable distribution “hotchpot” state. This means that the court can divide any and all property owned by the parties, however and whenever acquired. Division shall be just and reasonable, considering:

• The ages of the parties;
• The duration of the marriage;
• The property owned by the parties; their present and future earning capacities;
• The time, source and manner of acquisition of property;
• Family ties and obligations;
• The allowance or maintenance or lack thereof;
• Dissipation of assets;
• The tax consequences of the property division upon the economic circumstances of the parties;
• Such other factors as the court deems necessary to make a just and reasonable division of property.

(click the following for a overview and key tips on dividing up property through divorce).

Alimony: The court may award modifiable or terminable alimony, but in no event for more than 121 months (10 years and a month). A few counties have alimony guidelines that base alimony on various factors such as length of marriage and incomes of the parties (http://www.donharrislaw.com/Revised_Alimony_Guidelines.pdf).

Child Custody and Child Support: As in all states, the court is to award custody based on “the best interests of the child.” The court will presume that a written agreement between the parties concerning custody is in the best interests of the child, unless the court has findings to the contrary. Joint legal custody is preferred, and the court must state the reasons if it is being denied. (click the following for an overview and list of articles on child custody and child support).

Kansas child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.

Unlike other states, Kansas sets a support amount per child, but then varies the amount by the child’s age. The older the child, the greater the amount.

 

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.