Kansas Divorce

Getting a Kansas divorce is a lot easier if you realize what the laws and statues are that govern how divorces are handled. Knowing the rules and regulations beforehand can give you peace of mind when it comes to judgments and rulings.

Learn the rules of your state before getting a Kansas divorce.

In order to get a divorce in the state of Kansas, you must have either lived in the state for 60 consecutive days prior to filing a petition or have lived on a military base in the state for that amount of time. However, you do not have had to been living with your spouse for those 60 days.

In order to file a petition for a divorce, you must have grounds. The grounds can be based on three different things:

1. Incompatibility
2. Failure to perform a material marital duty or obligation
3. Incompatibility by reason of mental illness or mental incapacity by one or both spouses

In the case of mental illness/incapacity, someone other than the spouse will be acting on their behalf.

The petitioner must give grounds for divorce in plain language. The respondent must file and answer and/or a counterclaim. Additionally, the respondent may request a “bill of particles” detailing the grounds for the divorce.

A period of at least 60 days will follow, during which interlocutory orders given by a judge must be followed. These orders may include the following:

• Order of restraint for use/control of property in question
• Restraining parties from interfering with one another
• Mediation on issues like child custody or division of property
• Investigation by court officers into issues brought up in the divorce

Marriage or family counseling may also be required or addressed at pre-trial conferences.

Kansas divorce courts take several issues into consideration when dividing property between parties. Assets considered include property from before the marriage, that acquired during the marriage by one spouse, and that acquired through joint effort. Both physical property and financial property (retirement plans and savings) are taken into consideration when it comes to a division.

Three options are done when it comes to division of property. They are:

1. Division of property in kind
2. Awarding property (or part of property) to one spouse, and requiring the other to pay a sum equal to that amount
3. Ordered sale of property in question and dividing the proceeds from the sale.

When it comes to dividing assets, the judge will look at the following criteria:

• Age of the parties involved
• Future earning capacities
• Duration of marriage
• Manner and acquisition of property
• Tax consequences
• Family ties and obligations
• Allowance for maintenance (or lack thereof)

Couples who have children may find it in their best interest to come to a parenting plan before going to the court. However, if this cannot be done through mediation or pretrial counseling, it will be up to the courts to decide in the best interest of the child. If a pre-trial parenting plan has been agreed upon, the court may override it if it feels the child’s interests are not being served.

Courts look to a large number of items when considering custody and residence. They include, but are not limited to:

• Desires of parents
• Desires of child
• Interaction/interrelationships of child with persons who affect their best interest
• Adjustments to the child’s school, home, community
• Willingness and ability of each parent to respect and appreciate the bond between the child and other parent, allowing a continued relationship

Importantly, neither parent will be considered to have a “vested interest” against one another when it comes to custody and residency of the child. In other words, no presumption will be made that infants or young children will reside with the mother.

Custody agreements may be joint or sole legal custody. Once custody has been decided, the residency agreement will be made in the best interest of the child, along with any support that should be awarded.

Should the court deem it necessary, a temporary order of custody may be made, giving the child to an aunt, uncle, sibling, or other family member during the investigation into custody.

Instead of getting a Kansas divorce, some couples may be eligible for an annulment. Grounds to receive an annulment include:

• Marriage is void for any reason
• Contract of marriage is voidable due to fraud

If any mistakes of fact or lack of knowledge are given, the court may decide that the marriage does not need a divorce. Consult an attorney to find out more about divorce and annulments in the state of Kansas.

To learn more about the process of Kansas divorce, consult the statues of the state of Kansas, Chapter 60. You can find a link to it at the official website of the Kansas Legislature.

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