Kansas divorce laws
Child Support
 Both or either party may be ordered to pay a reasonable amount necessary for the support of a child in a divorce or legal separation proceeding. Kansas has established child
support guidelines via Kansas divorce statutes that mandate the correct amount of child support to be assigned. The court has the latitude to deviate from the guidelines if it finds applying the guidelines would result in an unjust or inappropriate award. Child support amounts and how they are to be delivered are spelled out in the guidelines.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Residency 
In
order for a petition for divorce to be accepted by the court,
either the petitioner or the defendant must have established
residency in Kansas prior to the filing. 60 days of uninterrupted
residency must have taken place for thepetition to be accepted
by the court.
Any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation. A spouse may have a residence in this state separate and apart from the residence of the other spouse.
Child
Custody
The court will apply state guidelines with
respect to the issue of child custody based upon the best interests of the child. Factors that can influence the decision include:
- The length of time the child has been under
the actual care and control of any person other than a parent;
li class="style23">The desires of the child;
- 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 appreciate the bond between child and other parent; and,
- Evidence of spousal abuse.
It is strongly recommended that you establish a parenting
plan with your divorcing spouse, because if you don't, the court will, and it may be less or much less than you had hoped for. The court has the ability to order joint or sole legal child custody. Residency plans which provide for sole or joint physical custody can be determined by the court if the parties are unable to jointly agree to one, and are based upon the best interests of the child. A temporary parenting plan including temporary child custody can be
ordered. Should a temporary parenting plan be ordered, the following will apply: 1.) Designation of the temporary legal custody of the child, 2.) designation of a temporary residence for the child, 3.) allocation of parental rights and responsibilities regarding
matters pertaining to the child's health, education and welfare, and 4.) a schedule for the child's time with each parent, when appropriate. A parent is entitled to reasonable parenting time unless the court finds, after a hearing, that the exercise of parenting time would seriously endanger the child's physical, mental, moral or emotional health.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Grounds for Divorce
Kansas divorce law allows no-fault divorces
based upon incompatibility of the parties. Additional grounds include failure to perform a material marital duty or obligation (this references impotence and ones ability to financially contribute to the marriage). Incompatibility of the parties due to insanity is allowed as grounds for divorce. The summary is therefore: 1.) Incompatibility, 2.) failure
to perform a material marital duty or obligation; or 3.) incompatibility by reason of mental illness or mental incapacity of one or both spouses. A specific process to determine mental incapacity is mandated by Kansas divorce law (Kansas divorce statutes).
Mediation
 The
court may order, at any time prior or subsequent to a divorce decree, that any party or parties and any of their children be interviewed by a psychiatrist, licensed psychologist or other trained professional in family counseling, for the purpose of determining whether it is in the best interests of any of the parties' children that the parties and any of their children have counseling regarding matters of legal custody, residency, visitation or parenting time. Costs of the counseling/mediation will be borne by both or either party. The court may require the parents to attend parent education classes, and require them to be informed about how to prepare a parenting plan, what impact a family dissolution can have on children, the impact of domestic abuse on children, and any procedures that may help them arrive at an agreement. If
parents are unable to resolve issues and agree to a parenting plan, the court may require mediation, unless mediation is determined inappropriate in the particular case.
Alimony
The court has the ability to order alimony be paid regularly, paid in a lump sum, based on a percentage of income, or any way it deems to be fair and equitable. Alimony is awarded for a maximum of 121 months (ten years and one month). At the expiration of that 121 month maintenance (alimony), a party may petition the court for an additional (extended) 121 months of maintenance (alimony).
Waiting
Period
Divorce petitions must be filed with the court at least 60 days prior to any decree of dissolution, unless the court declares an emergency and waives that waiting period requirement.
| Divorce Myth: It is usually men who initiate divorce proceedings. Reality: Two-thirds of all divorces are initiated by women. One recent study found that many of the reasons for this have to do with the nature of our divorce laws. For example, in most states women have a good chance of receiving custody of their children. Because women more strongly want to keep their children with them, in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower.10 [Sources] Also, the higher rate of women initiators is probably due to the fact that men are more likely to be "badly behaved". |
Grandparents
Rights
Grandparents may petition, and courts may
grant visitation for any unmarried minor child during the child's minority.
A grandparent is entitled to reasonable parenting time unless the court finds, after a hearing, that the exercise of grandparenting time would seriously endanger the child's physical,
mental, moral or emotional health. Step-grandparents may be granted visitation rights if petitioned.
Divorce Settlement
Kansas is an equitable distribution state.
This means that the court will divide the marital property between the
parties as it deems equitable and just. The division can be divided unevenly
however. The courts will set aside to each spouse the separate property
of each. Some of the factors the court considers in dividing the property
between the parties include:
- The age of the parties
- The duration of the marriage
- The property owned by the parties
- The parties present and future earning capacities
- The time, source and manner of acquisition of the property
- Family ties and obligations
- The allowance of maintenance or lack thereof
- Dissipation of assets
- The tax consequences of the parties; and
- Other such factors the court considers necessary for just and equitable distribution of property.
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