Kansas Divorce Information

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Kansas Divorce Statutes

Residency Requirements	At least one party must have been a resident of the state of Kansas for 60 days immediately preceding the filing of the petition. For military person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation.
Where to File	The petition can be filed in the county where either spouse lives.
Grounds for Divorce	Incompatibility Failure to perform a material marital duty or obligation Incompatibility by reason of mental illness or mental incapacity of either party
Voluntary or required mediation	No
Voluntary or recommended Counseling	Yes
Property Distribution	The court may divide the real and personal property of the parties, including any retirement and pension plans, whether owned by either spouse prior to marriage, acquired by either spouse in the spouse's own right after marriage, or acquired by the spouse's joint efforts. In making the division of property, the court shall consider the following factors: The age of the parties The duration of the marriage The property owned by the parties Their present and future earning capacities The time, source, and manner of acquisition of property Family ties and obligations The allowance of maintenance (alimony) or lack thereof Dissipation of assets The tax consequences of the property division upon the respective economic assets Other such factors as the court considers necessary to make a just and reasonable division of property
Child Custody	If the parties have entered into a parenting plan it shall be presumed that the agreement is in the best interest of the child, unless specific findings prove otherwise. The court shall determine custody of a child in accordance with the best interests of the child, considering the following factors: Each parent's role and involvement with the minor child before and after separation; The desires of the child's parents as to custody or residency; The desires of a child of sufficient age and maturity as to the child's custody or residency; The age of the child; The emotional and physical needs of the child; The interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests; The child's adjustment to the child's home, school and community; The willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent; Evidence of domestic abuse, including, but not limited to: A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate partner or household member; or An act of domestic violence, stalking or sexual assault; The ability of the parties to communicate, cooperate and manage parental duties; The school activity schedule of the child; The work schedule of the parties; The location of the parties' residences and places of employment; The location of the child's school; Whether a parent is subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; Whether a parent has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 2017 Supp. 21-5602, and amendments thereto; Whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act or any similar act in any other state, or under military or federal law; and Whether a parent is residing with an individual who has been convicted of abuse of a child
Child Support	In determining the amount of a child support order under the Kansas code for care of children, the court shall apply the Kansas child support guidelines. The folloiwing is used in determining the child support: The needs of the child; The standards of living and circumstances of the parents; The relative financial means of the parents; The earning ability of the parents; The need and capacity of the child for education; The age of the child; The financial resources and earning ability of the child; The responsibility of the parents for the support of others; and The value of services contributed by both parents.
Spousal Support	Maintenance (alimony) may be in lump sum, in periodic payments, on a percentage of earnings or on any other basis, in an amount the court finds to be just, fair, and equitable under all of the circumstances. The duration of Court-ordered periodic maintenance is limited to 121 months. However if the parties in a property settlement agreement the periodic maintenance may be for a longer term.