Kansas State Divorce Law

In order to file a Petition for Divorce in a Kansas District Court, someone must have been a resident of the state for at least 60 days.

Kansas Grounds for Divorce

Kansas is a no-fault divorce state; however, the grounds for a no-fault divorce are a bit more extensive than in some states.

Uncontested Divorce in Kansas

In order to file for an uncontested divorce, the parties must agree on all elements of the divorce settlement, file the appropriate paperwork, and attend a hearing to receive the final divorce decree.

Contested Divorce in Kansas

In divorces where elements of the division of property, child custody, child support, or spousal support are under dispute, it is important for both parties to consult a lawyer to ensure that they are property represented and their rights are protected.

Annulment in Kansas

Annulment is a legal declaration that a marriage was void, or never existed. However, proving the grounds for annulment can be difficult, which is why more Kansas residents choose divorce than annulment. The grounds for annulment include:

• Fraud
• Bigamy
• Impotency
• Consanguinity, or marriage to a blood relative
• Mental disability which is beyond cure

No Fault Divorce in Kansas

As a no-fault divorce state, the grounds for a no-fault divorce are just one: incompatibility.

Kansas Fault Divorce

While Kansas is a no-fault divorce state, there are some fault-based grounds accepted in Kansas:

• Failure to perform a marital duty or obligation
• Mental illness or incapacity

Kansas Divorce and Child Custody

Child Custody Laws

There are a number of factors that a Kansas court considers when determining custody of a child:

• How long the child has been cared for by someone other than a parent
• The parents’ wishes
• The child’s wishes
• The child’s relationships with parents, siblings, and others who may affect the best interests of the child
• The child’s adjustment to the home, school, and community
• The willingness of each parent to respect and support the child’s relationship with the other parent
• Any evidence of spousal abuse

Child Alimony

Kansas courts determine child support based on several factors, without any basis in marital misconduct or the gender of the parent. Other factors include:

• The financial status of the child
• The child’s physical, emotional, and educational condition and needs
• The financial resources, needs, and obligations of the parents

Kansas Divorce Spousal Support

The court determines an amount of spousal support, if any, that is fair, just, and equitable. Spousal support may not be ordered for longer than 121 months; however, the court may allow reinstatement of that support upon expiration.

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Kansas

Spouses in the military are protected by Kansas law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Kansas Divorce Lawyer?

Kansas is a no-fault divorce state, which means that many parties may be able to file uncontested divorces without the assistance of a divorce lawyer. However, there are many more issues to most divorces than fault. Child custody and support, alimony, and division of property can all be contested, and often are. In those cases, it can be vital for each party to have their own divorce attorney to protect their rights and help them negotiate or argue their case effectively in court.