In a Kansas divorce how will community property get divided?

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Question:

In a Kansas divorce how will community property get divided?

Answer:

Dividing marital property in Kansas is done under rules referred to as "equitable distribution rules." It is important to note that this is different than "community property" states, wherein property is divided 50-50 if it was acquired during the marriage by the marital unit. While property that you buy together during the marriage could be referred to as "community property" since it belongs to both of you, the rules for equitable distribution can differ significantly from community property rules. 

Under equitable distribution laws in Kansas, the courts will divide the property according to what they believe is the fairest way to divide the property. This doesn't mean that each party will get half- in fact, usually things won't be divided down the middle. Instead, the court will look at many different things such as the financial contributions each party made to the marriage, the other contributions each party made (like taking care of the kids or helping to pay for the other spouse's education), and the duration of the marriage of the two parties.

Since equitable distribution is the rule, the outcome of a property division in Kansas can be harder to predict than the outcome of property distribution in community property states. As such, you may wish to consider trying to make arrangements with your spouse to divide up the property that you two have acquired outside of court. By having the judge simply sign off on a settlement agreement that the two of you make, you will have a better chance of getting a settlement you are happy with. This can also be less expensive than litigating everything. 

Regardless of whether you are deciding the property division in court or deciding it on your own, you need a lawyer to protect your interests. 

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