Divorce Guide

Getting a Divorce in Kansas

A divorce ends a marriage and all the legal relations between the couple, except those specified in the divorce decree. These include things such as parenting arrangements, child and spousal support, division of property and payment of debts. For getting a divorce in Kansas, all the requirements should be fulfilled as stated by the state law.

Grounds for Divorce

There are three main grounds upon which you can get a divorce in Kansas. They are:

• Incompatibility
• Failure to perform a marital duty or obligation
• Incompatibility because of mental illness or mental incapacity of one or both spouses.

A divorce case in Kansas begins when one spouse files the papers for divorce in a county where either of the spouses resides. No decree of divorce may be issued until 60 days from the filing date unless the court issues an order declaring emergency.

Residency Requirements

You or your spouse must be a resident of Kansas for sixty days prior to filing for divorce. You can meet this requirement if you are serving in military and stationed in Kansas for the required time.

Division of Property

As Kansas is an ‘equitable distribution’ state, all of each spouse’s property is divided equally by the court which includes assets and liabilities acquired before and during the marriage. This division of property is based on the capacity of the responsible spouse for the payment of joint debts, obligations or liabilities of the spouses arising during the marriage.

Always be ready with all the information on your property, including the time of purchase, its estimate value and related details such as your bank account numbers, etc. This would help you when you hire a lawyer for getting a divorce in Kansas to fight your case and could save you a lot of time and money.

Child Custody and Visitation

The court awards child custody and visitation very carefully. It takes into account the best interest of the child while looking at some of the following factors:

• Whether the child has been living with someone besides a parent, and all such relevant details.
• Relationship and interaction of the child with parents, siblings and any person who may affect the child’s best interests.
• Preference of both the child and parents
• Eagerness and ability of one parent to respect and appreciate the bond between the child and the other parent and to allow a continuing relationship between them.

Spousal Support

The court can order spousal support, also called alimony to you or your spouse. Alimony could be periodic or lump sum. It could be in any amount which the court finds fair and equitable. Factors considered by the court while awarding alimony are as follows:

1. Age and assets of both spouses
2. Potential earnings of each spouse
3. Reasons for separation
4. Duration of marriage
5. Prior standard of living
6. Need of each spouse

All the above points, along with child support are very important and play a crucial role in the outcome of your case while getting a divorce in Kansas.

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