- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Kansas Divorce & Family Law Summary
Each state uses its respective legislative process to enact divorce laws. Once legislation is enacted, 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Since state laws are frequently repealed and amended, it is always advisable to consult an experienced divorce lawyer before making important decisions about your marriage.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 to gain 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
- 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 – Parental Education
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 regarding marital property division at divorce, meaning that if the parties can’t reach an agreement, the property will be distributed in an equitable fashion.
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
- Any other factors the court considers necessary to make a just and reasonable division of property
Spousal Maintenance
Spousal maintenance may be awarded to either spouse in an amount the court finds fair, just, and equitable under all circumstances. Maintenance may be awarded as a lump sum, in periodic payments on a percentage of earnings
Spouses Legal Name
The court shall order the restoration of a spouse’s maiden or former name upon the spouse’s request during the divorce proceedings or after the case has concluded.
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
- Courts discourage parents from engaging in parent alienation to curry favor with the child
- 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 either or both parents to pay child support and education expenses. The court shall use the Kansas child support guidelines to determine the amount of child support.
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)
Kansas Family Court System – Domestic Relations
District courts are the trial courts of Kansas. They have general original jurisdiction over domestic relations cases. Kansas is divided into judicial districts, and each county has a district court.
Kansas Child Support Enforcement
PO Box 497
Topeka, Kansas 66601-0497
Office: (888) 757-2445
Fax: (785) 296-8395
References and Sources
Roth and Davies Trial Lawyers
