Kansas divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws in Kansas you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
In order to file a Petition for Divorce in a Kansas District Court, someone must have been a resident of the state for at least 60 days.
Kansas Grounds for Divorce
Kansas is a no-fault divorce state; however, the grounds for a no-fault divorce are a bit more extensive than in some states.
Uncontested Divorce in Kansas
In order to file for an uncontested divorce, the parties must agree on all elements of the divorce settlement, file the appropriate paperwork, and attend a hearing to receive the final divorce decree.
Contested Divorce in Kansas
In divorces where elements of the division of property, child custody, child support, or spousal support are under dispute, it is important for both parties to consult a lawyer to ensure that they are property represented and their rights are protected.
Annulment in Kansas
Annulment is a legal declaration that a marriage was void, or never existed. However, proving the grounds for annulment can be difficult, which is why more Kansas residents choose divorce than annulment. The grounds for annulment include:
- Fraud
- Bigamy
- Impotency
- Consanguinity, or marriage to a blood relative
- Mental disability which is beyond cure
No Fault Divorce in Kansas
As a no-fault divorce state, the grounds for a no-fault divorce are just one: incompatibility.
Kansas Fault Divorce
While Kansas is a no-fault divorce state, there are some fault-based grounds accepted in Kansas:
- Failure to perform a marital duty or obligation
- Mental illness or incapacity
Kansas Divorce and Child Custody
Child Custody Laws
There are a number of factors that a Kansas court considers when determining custody of a child:
- How long the child has been cared for by someone other than a parent
- The parents’ wishes
- The child’s wishes
- The child’s relationships with parents, siblings, and others who may affect the best interests of the child
- The child’s adjustment to the home, school, and community
- The willingness of each parent to respect and support the child’s relationship with the other parent
- Any evidence of spousal abuse
Child Alimony
Kansas courts determine child support based on several factors, without any basis in marital misconduct or the gender of the parent. Other factors include:
- The financial status of the child
- The child’s physical, emotional, and educational condition and needs
- The financial resources, needs, and obligations of the parents
Kansas Divorce Spousal Support
The court determines an amount of spousal support, if any, that is fair, just, and equitable. Spousal support may not be ordered for longer than 121 months; however, the court may allow reinstatement of that support upon expiration.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Kansas
Spouses in the military are protected by Kansas law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Kansas Divorce Lawyer?
Kansas is a no-fault divorce state, which means that many parties may be able to file uncontested divorces without the assistance of a divorce lawyer. However, there are many more issues to most divorces than fault. Child custody and support, alimony, and division of property can all be contested, and often are. In those cases, it can be vital for each party to have their own divorce attorney to protect their rights and help them negotiate or argue their case effectively in court.
If you are thinking about filing a Kansas divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.