Kansas Divorce Law Residency Requirements for Divorce in Kansas

Either spouse must have been a resident of Kansas for 60 days immediately before filing for divorce. The divorce may be filed for in a county where either spouse resides.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 607 and 1603].

Legal Grounds for Divorce in Kansas
 

  1. No Fault Divorce: Incompatibility.
    [Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1601].
  2. General Divorce:
    1. Failure to perform a marital duty or obligation
    2. Incompatibility due to mental illness
    [Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1601].

Legal Separation in Kansas
Either spouse must have been a resident of Kansas for 60 days immediately before filing for legal separation. The grounds for legal separation are:

  1. Incompatibility
  2. Failure to perform a marital duty or obligation
  3. Incompatibility due to mental illness
[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1601 and 1603].

Simplified/Special Divorce Procedures in Kansas
Only 1 spouse need testify as to the facts in the divorce. In addition, marital settlement agreements are specifically authorized. Also, child custody and child residency agreements are specifically authorized and are presumed to be in the best interests of the child.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1609 and 1610].

Divorce Mediation or Counseling Requirements
On either spouse's request, or on its own initiative, the court may require that the spouses seek marriage and/or family counseling if marriage counseling services are available in the judicial district where the divorce is sought. Unless in emergency situations, there is a mandatory 60-day delay from the time the petition is filed until a final Decree of Divorce may be granted.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1608 and 1617].

Divorce Property Distribution
Kansas is an "equitable distribution" state. The court may divide all of the spouse's property, including:

1. Any gifts and inheritances
2. Any property owned before the marriage
3. Any property acquired in a spouse's own right during the marriage
4. Any property acquired by the spouse's joint efforts

Property distribution may include actual division of the property, an award of all or part of the property to 1 spouse with a just and reasonable payment to the other, or a sale of the property and a division of the proceeds. The court considers the following factors:

1. The value of each spouse's property
2. The length of the marriage
3. The age of the spouses
4. Whether the property award is instead of or in addition to maintenance
5. How and by whom the property was acquired
6. The present and future earning capacity of the spouses
7. Family ties and obligations
8. Any dissipation of assets by a spouse
9. The tax consequences of property distribution
10. Any other factor necessary to do equity and justice between the spouses

[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].

Alimony and Spousal Support
Either spouse may be awarded maintenance for a period of up to 121 months. After 121 months, the recipient may apply for an extension of 1 more 121-month period. The amount awarded is whatever is judged to be fair, just, and equitable. There are no specific statutory factors for consideration. Payments are to be made through the clerk of the court or through the court trustee.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].

Spouse's Name After Divorce
Upon a spouse's request, a wife's maiden name will be restored.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].

Child Custody After Divorce
If the parents have entered into a written agreement regarding child custody, the court will approve it if it is in the best interests of the child. Where there is no agreement, the court may award joint or sole custody based on the best interests of the child and upon the following factors:

1. The length of time and circumstances under which the child may have been under the care of someone other than a parent
2. Preference of the child
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The relationship of the child with parents, siblings, and other significant family members
6. The willingness of each parent to respect and appreciate the bond between the child and the other parent and allow for a continuing relationship between the child and the other parent
7. Any evidence of spousal abuse

There is to be no preference given based on the sex of the parent, regardless of the age of the child. Joint custody may be awarded if the court finds both parents suitable. The court may order that a joint custody plan be submitted to the court by the parents.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].

Child Support After Divorce
Either or both parents may be ordered to pay child support, without regard to any marital misconduct, based on the following factors:

1. The financial resources of the child
2. The physical and emotional conditions and educational needs of the child
3. The financial resources, needs, and obligations of both the noncustodial and the custodial parent

Child support payments are to be paid through the clerk of the court or through the court trustee, unless the court orders otherwise. There are specific Supreme Court Child Support Guidelines contained in Kansas Statutes Annotated Chapter 20, Subject 165.
[Kansas Statutes Annotated; Chapter 20, Subject 165 and Chapter 60, Article 16, Subject 1610].

Continue to Kentucky Divorce Laws
 
Resource Article:

How Do You Rate Your Separation
By Gary Direnfeld, MSW, RSW

 

How Do You Rate Your Separation

 

When parents separate, they worry about the effect of their separation on the kids. Not only is there data to suggest that adults whose parents separated when they were children are at greater risk of divorce themselves, but also data that suggests the greater the parental conflict during separation, the greater the likelihood of negative outcomes for the children. The challenge for parents is determining their level of conflict and supporting their kids accordingly.

 

Parental conflict during separation can be categorized as low, medium and high.

 

With low levels of conflict, parents are generally able to manage the separation process between themselves. These are parents who likely sit across from each other at the kitchen table and reasonably and rationally divide their assets and develop a plan between themselves for the ongoing care of the children. It doesn’t quite matter what agreement they reach, the defining variable of low-level conflict is settling matters without outside support.

 

Parents with medium levels of conflict find their behavior degenerating when attempting to settle matters between themselves. Hence they require outside resources. The outside resources may include lawyers or a mediator and sometimes other friends, family or clergy. The defining variable of medium-level conflict is that parents are unable to settle without support, but given the support, they do settle.

 

Parents with high levels of conflict are unable to settle matters between themselves whether unassisted or assisted. Hence the defining variable of high-level conflict is when parents turn to the Courts to determine their settlement. Even if parents settle as a result of a settlement conference at Court, that they are before the Courts defines their conflict as high.

 

Some parents believe they shelter or protect their kids from the separation conflict. The truth of the matter is, the greater the conflict, the greater the stress upon the parents. The greater the stress, the more likely their stress will be picked up and experienced by the children. Hence it is a misnomer that parents can shelter their kids from such conflict. So the issue is less if they are sheltering the kids, but rather how they are helping the children cope through a conflicted separation process.

 

While some parents believe it is best to say nothing to their children, in fact, it is often better to acknowledge the stressors and difficulties. This can be done without bad-mouthing either parent, but simply acknowledging they have yet to come to an agreement. Kids can be helped to understand that even though the parents are in distress, they both still love the children and are working to resolve matters as best they can. The children can be told that when the parents are unable to resolve matters between themselves, they turn to outside help. The parents can tell their children they are turning to wise persons to help them decide what may be best. Children will have had similar experiences with their peers. They have had times when they have been upset and when teachers have come to their aid to help settle matters. This is a positive example. Similarly then and by the parental role model, children can be encouraged to discuss their feelings and when necessary, turn to outside support such as may be offered by a group for children whose parents are separating. At the very least and in view of the parental role model, children may be more apt to talk with a teacher or counsellor if distressed. As the kids then better manage their feelings, they can better concentrate on school work and other childhood tasks.

 

Parents are advised to do all they can to keep their conflict to a minimum and find ways to resolve matters as amicably as possible between themselves. When negotiating, whether through lawyers or mediators, be careful not to hold on too tightly to a specific position. Flexibility may hold the key to a settlement and a smoother transition for their children.

 
 

Divorce Terms:
Conflict of Interest (Rules). Lawyers are prohibited from entering certain relationships in which the lawyer, by virtue of his profession, received or appeared to receive confidential information about the opposing party. No lawyer can ever represent both sides in a divorce, even if uncontested.

If you interview a divorce lawyer and decide not to retain him, that lawyer is barred from representing your spouse. If there is a certain lawyer that you don't want your spouse to use, consider paying for an appointment and sharing confidential information. Whether you use that lawyer or not, he is barred from representing your spouse.

Conjugal; Conjugal Rights. The right of married persons to enjoy each others physical comfort.

Consolidation. The joining of two related cases.

Divorce and independent marriage-related torts such as assault and battery, malicious interference with ones business are often consolidated. Actions against third parties related to the marriage, such as a spouses parents, can also be consolidated based on the legal standard, whether justice would be served.

Contempt of Court, Complaint for. Legal action brought when the plaintiff/petitioner alleges a willful failure to obey a court order or judgment.

Most such complaints are filed against husbands or ex-husbands for failure to make support payments. The defendant is generally entitled to an evidentiary hearing (trial) since he faces possible incarceration. Even where the court finds the defendant guilty of contempt, defendants are usually given the opportunity to comply with the violated order, or purge the contempt. Jail is an extraordinary remedy. Remember, the object is not to kill the golden goose; jailbirds cant pay support.

To commence a contempt proceeding in many jurisdictions a complaint for contempt must be filed with the court, and a copy of the complaint, along with a summons, must be served on the defendant.

Contested and Uncontested Divorce. In contested divorces, the parties are adversarial, they cannot agree to a separation agreement. In uncontested divorces, the parties agree to all matters, and present an executed separation agreement to the court for approval.

Contingency Fee. In divorce cases, an unethical type of fee agreement that provides the lawyer with a percentage of your settlement or judgment.

No greedy, unethical lawyer has any business taking a percentage of your settlement or judgment. Why should a non-spouse share in the marital estate Does your lawyer intend to pay you alimony While appropriate in personal injury and certain other types of cases, contingency fees have no place in divorce proceedings.

If you interview a lawyer who wants a contingency fee, say ?have a nice day? and report him to the state bar. Such fees in divorce cases are prohibited by the Cannons of Ethics in most states. While the term ?legal ethics? appears to be an oxymoron, state regulators take these charges seriously.

Co-respondent. A third-party co-defendant in a divorce action accused of committing adultery with the defendant.

When adultery was the sole ground for divorce, this awkward procedure was commonplace. Today few divorces involve named third- party defendants. Question your lawyer whether the potential benefits are worth the time, expense, and hard feelings. Do not allow your emotions to control this decision.

Counsel Fees Pendente Lite, Motion for. Pendente Lite means during the litigation. Generally, a motion is filed by the wife requesting sufficient funds from the husband, or from the marital estate, to prosecute or defend the divorce action.

Many courts routinely grant fees in order to level the playing field. If you don't have access to liquid assets, consider having your lawyer filing this motion. If your spouse is overly litigious, ask the court for him to pay your fees out of his portion of the marital estate.

Counterclaim. See Answer and Counterclaim

Court. The term court has three meanings:

1) a physical place, e.g., courtroom, courthouse

2) a quasi-political entity, e.g., superior court, family court 3) the actual judge or justice acting in her official capacity

Court Arbitrator. See Family Service Officer; Court Service Officer; Court Mediator; Court Arbitrator

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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