Either you or your spouse must be a resident of Kansas for at least 60 days immediately preceding the filing of a petition for divorce. Any person who has been a resident of or stationed at a US post or military reservation within the state for 60 days immediately preceding the filing for divorce may file in any county adjacent to the post or reservation.
There are three grounds upon which to obtain a divorce in Kansas:
The legal divorce process begins when one spouse files the papers for dissolution of marriage in a county where either of the spouses resides. Unless the court issues an order declaring the existence of an emergency, no decree of divorce may issue until 60 days from the filing date.
In Kansas, assets and debts acquired during your marriage - called "marital property" - will be divided "equitably" when you divorce. In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:
Separate property is retained by the owning spouse. Separate property includes the following:
It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Kansas divorce lawyer
can save you a lot of time and money.
A court can order alimony to either party in Kansas. Temporary alimony may be ordered while a divorce action is pending. Alimony may be periodic or a lump sum. The award may be in any amount that the court finds fair and equitable. The court may not award alimony for a period of time in excess of 121 months.
In determining the amount and duration of an alimony award, the court considers all relevant facts including:
In Kansas, the court will determine child custody based on the best interests of the child. If the parents entered into a parenting plan, it is presumed that the agreement is in the best interests of the child. In determining the issue of child custody and parenting time, the court considers all relevant parenting factors, which may include the following:
The court may order joint or sole legal custody and may set up residency plans that provide for sole or joint physical custody based upon the best interests of the child. Visitation rights are typically awarded to the noncustodial parent.
In Kansas, the court will order either or both parents to pay a reasonable amount necessary for the support of a child of the marriage. The Kansas child support guidelines establish a presumptive correct amount of child support. A deviation from the guidelines requires a finding by the court that the amount of child support established by the guidelines would be unjust or inappropriate. The noncustodial parent may expect to pay child support until the child is 18 years old or a high school graduate.
Residency Requirements and Grounds for Divorce
Dividing the Property
Alimony
Child Custody and Visitation
Child Support
Related Web Links:
- Kansas Judicial Branch
- Kansas Domestic Relations Chapter 23
- Kansas Child Support Guidelines
- Kansas Child Support Enforcement
- Kansas State Profile
- Family Law: Selecting a Good Lawyer
- Divorce - General message board for more help
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