Kansas Divorce Information and
FAQ
Kansas law permits no-fault divorces based upon incompatibility of the
parties. Additional grounds include failure to perform a material marital
duty or obligation, and incompatibility of the parties due to metal
defect. KSA 60-16-1601
Residency requirements Kansas law requires that at least one of the
spouses must be a resident of the state for a minimum of sixty (60) days
immediately prior to the filing of the petition for divorce. KSA 60-16-607
Venue The petition for divorce may be filed in the county where either
party resides. KSA 60-16-1603
Legal separation Kansas law permits a judgment of separation. The
grounds for legal separation are the same as for a decree of divorce. KSA
60-16-1601, 1603
Waiting period Unless the court has entered an order declaring the
existence of an emergency, no decree of divorce may issue until sixty (60)
days have elapsed from the filing of the petition for divorce. KSA
60-16-1617 Alimony/support The courts may award alimony to either spouse.
Alimony may be periodic, lump sum, based upon a percentage of earnings or
any other basis. The award may be any amount determined by the court to be
fair and equitable. The court may not award alimony for a period of time
in excess of 121 months. After the expiration of the original 121-month
period, a party may petition the court to extend alimony for an additional
period not to extend 121 months. KSA 60-16-1610
Distribution of property 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, after setting aside to each spouse
the separate property of each. Some of the factors the court considers in
dividing the property between the parties include:
1. The age of the parties 2. The duration of the marriage 3. The
property owned be the parties 4. The parties present and future earning
capacities 5. The time, source and manner of acquisition of the property
6. Family ties and obligations 7. The allowance of maintenance or lack
thereof 8. Dissipation of assets 9. The tax consequences of the parties
10. Other such factors the court considers necessary for just and
equitable distribution of property. KSA 0-16-1610
Child custody Kansas courts will decide the issue of custody based upon
the best interests of the child. In determining the best interests of the
child, the court will consider: 1. The length of time the child has been
under the actual care and control of any person other than a parent and
the circumstances thereto 2. The desires of the child 3. The interaction
and interrelationship of the child with parents 4. The child’s
adjustment to the child’s home, school and community 5. The willingness
and ability of each parent to respect and appreciate the bond between
child and other parent 6. Evidence of spousal abuse
The court may order joint or sole legal custody and may set up
residency plans which provide for sole or joint physical custody, based
upon the best interests of the child. KSA 60-16-1610
Child support In a proceeding for dissolution of marriage or legal
separation, the court may order either or both parties to pay a reasonable
amount necessary for the support of a child of the marriage. The Kansas
legislature has established child support guidelines which establish the
presumptive correct amount of child support. Deviation from the guidelines
require a specific finding by the court that application of the guidelines
would be unjust or inappropriate and such findings must be included in the
judgment. KSA 60-16-1610 Counseling/mediation The court may order that
either or both parties to a divorce action and/or their children be
interviewed by a court approved counselor to determine whether counseling
is needed with regard to custody, residency, visitation or parenting time.
The court may order either or both parents to attend parent education
classes and may also order mediation if the parents are unable to resolve
issues and agree to a parenting plan. KSA 60-16-1608, 1617
Name change The court, upon granting a final judgment of divorce, may
allow a party to resume the use of their former name. KSA 60-16-1610
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