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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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