Kansas Divorce Laws

Residency requirements for divorce in Kansas

Any spouse applying for termination of marriage in Kansas must have been a resident for at least 60 days prior to applying for dissolution of marriage. In the case of being in the military, they must have resided for 60 days preceding filing they may file in any county adjacent to their post. Generally, the divorce may be filed for in the county of the filing spouse.

Grounds for divorce within Kansas

To be eligible to petition for divorce in Kansas certain conditions must be met which are either no-fault based grounds or fault-based grounds.

No-fault based grounds for divorce

  • Incompatibility

Fault based grounds for divorce

  • Mental illness or mental capacity
  • A failure to perform a marital duty that is considered to be material

Note: If filing for divorce based on mental incapacity or mental illness, the following conditions have to be met:

  • Confinement in an institute or establishment for a period of no less than 2 years, confinement does not have to be continuous.
  • An adjunction of mental illness or incapacity by a court of competent jurisdiction Kansas Statutes – Chapter 60 – Article 16 – Subject: 1601

Property division factors

If the spouses cannot divide property themselves then the court will do it on their behalf based on equitable distribution. First, there will be an investigation to determine which property is considered marital. This property will then the marital property will be assigned monetary value. Lastly, it will be distributed equitably among the spouses. The court may consider the following when dividing property:

  1. The age of the spouses
  2. The duration of the marriage
  3. Any property owned by the spouses which is not marital
  4. Any present earnings
  5. The future earning capability of each spouse
  6. Family ties and obligations of each spouse
  7. Allowance of maintenance
  8. Any other factors that go towards an equitable distribution Kansas Statutes – Chapter 60 – Article 16 – Subject: 1610

Child custody issues

The court will consider the following if spouses are unable to reach an amicable decision regarding child custody issues:

  • The amount of time the child has been in the specific care of each of the spouses
  • The desire of the parents of the child as to custody
  • The desire of the child as to who has custody
  • The interaction between child and siblings and any other person relevant
  • The adjustment of the child
  • The willingness of each spouse to encourage a relationship between the child and the other spouse
  • Any evidence of spousal abuse within the marriage Kansas Statutes – Chapter 60 – Article 16 – Subject: 1610

 

The court in Kansas will also bear in mind visitation for grandparents of the child, however when it comes to visitation rights for grandparents the spouses may have some say in the matter.

Child support factors when divorcing in Kansas

Either or both of the parents may have to contribute towards the cost of child support. Child support will be decided based on the following:

  1. The financial resources of the child
  2. The emotional condition of the child
  3. The physical and educational needs of the child
  4. The financial needs of each of the spouses
  5. The needs and the obligations of both of the spouses

There are specific Supreme Court child support guidelines contained within the Kansas Statutes Annotated Chapter 20, Subject 165. [Kansas Statutes Annotated; Chapter 20, Subject 165 and Chapter 60, Article 16, Subject 1610.

Generally, any child support will be paid through the court trustee or clerk of the court unless otherwise ordered by the court.