Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Kansas have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of community property.
Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
RESIDENCY REQUIREMENTS
To file for a divorce, either spouse must be a state resident for a least 60 days before filing. The divorce petition should be filed with the district court in the county where either spouse resides.
LEGAL GROUNDS FOR DIVORCE
A divorce or separation may be based on the following grounds:
- Incompatibility;
- A failure to perform a material marital duty or obligation; or
- Established mental illness or mental incapacity of one or both spouses.
LEGAL SEPARATION
A legal separation may be granted on the same grounds as a divorce. It may contain provisions detailing how matters will be handled during the break, including provisions relating to a parenting plan. Any provisions relating to the legal custody, residency, visitation, parenting time, support, or education of the minor children shall be subject to the court’s control. A separation agreement may be incorporated into a divorce decree if the court finds it valid, just, and equitable. [Based on Kansas Statutes 60-16-1601]
MEDIATION-COUNSELING REQUIREMENTS
Parents may be required to attend parent education classes if they cannot agree on parental responsibilities. The court may require mediation unless mediation would be inappropriate in a particular case. [Based on K.S. Statutes 60-16-1626]
DIVISION OF MARITAL PROPERTY
Kansas is an equitable distribution state, meaning that the property will be distributed in an equitable fashion if the parties can’t reach an agreement. The court shall consider the following factors when dividing marital property:
- The age of the parties;
- The duration of the marriage;
- The property owned by each party;
- Each spouse’s present and future earning capacities;
- How the property was acquired;
- Family ties and obligations;
- The allowance of maintenance or lack thereof;
- Dissipation of assets;
- The tax consequences of the property division upon the respective economic circumstances of the parties;
- And such other factors as the court considers necessary to make a just and reasonable division of property.
ALIMONY – MAINTENANCE SUPPORT
Spousal maintenance may be awarded to either spouse in an amount the court finds fair, just, and equitable under all circumstances. Maintenance may be cited as a lump sum, in periodic payments, on a percentage of earnings, and the court may not award maintenance for a period over 121 months. Suppose the original decree contains provisions empowering the court to hear subsequent motions and such motions are filed before the termination of 121 months. In that case, the court may extend maintenance for no more than 121 months.
SPOUSE’S LEGAL NAME
The court shall order the restoration of that spouse’s maiden or former name upon the request of that spouse.
KANSAS CHILD CUSTODY LAWS
Either parent may be awarded custody. If custody is disputed, it shall then be decided by the court based on the best interests of the child, considering the following factors:
- The desires of the parents concerning custody;
- The wishes of the child concerning custody;
- The interaction and interrelationship of the child with parents;
- The child’s adjustment to the child’s home, school, and community;
- The willingness and ability of each parent to respect and encourage the bond between child and other parent;
- Evidence of spousal or child abuse either by the parent or someone with whom the parent resides;
- Whether a parent or someone with whom a parent resides is subject to Offender Registration.
CHILD SUPPORT
Regardless of the custody arrangements ordered by the court, the court may order the child support and education expenses to be paid by either or both parents. In determining the amount of child support, the court shall use the Kansas child support guidelines. Child support terminates at age 18 unless the parents reach a written agreement to extend support; the child turns 18 before completing high school.
SAME-SEX DIVORCE
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges. (For more information, visit ProCon.org).
