Divorce Law in Kansas
Divorce Law covers the legal end of a marriage and often requires spouses to resolve a number of complicated financial and personal issues. Are you preparing for a difficult divorce in Kansas? Has your spouse already hired an attorney? When couples cannot compromise, mediation or a court ruling is often required to finalize the separation and settle outstanding disputes.
Issues Involved in Kansas Divorce Law
A divorce brings many decisions that must be made before the case can close. These issues can trigger emotional conflict and make reaching an agreement difficult.
Dividing Property
Property division is one of the most contested parts of a divorce. In many states, including Kansas, any asset or debt acquired during the marriage is considered marital property. This may include:
- Vehicles
- Real estate and homes
- Bank accounts
- Stocks, retirement savings, and investment portfolios
Some states divide everything equally, while others divide property based on what is fair. Under equitable distribution, a judge determines how to split assets by evaluating each spouse’s contributions to the marriage. As a result, the division does not always equal a 50/50 split.
Child Support
Parents share financial responsibility for raising their children. Child support is calculated using guidelines that consider income, parenting time, and the basic financial needs of minor children.
In Kansas, child support orders are set according to the Kansas Child Support Guidelines. Courts review a variety of factors, including both parents’ income, the needs of the child, work-related childcare, and health insurance expenses.
Payments can be submitted online or by mail through the Kansas Payment Center. The state also has strong enforcement tools, including wage withholding, license suspension, tax refund interception, and property liens. In more serious cases, willfully unpaid support can result in jail time.
Alimony
Alimony, also called spousal support, may be awarded depending on the couple’s circumstances. Courts in Kansas consider several factors when determining financial assistance, including:
- Whether one spouse has a financial need
- The other spouse’s ability to pay
- Each spouse’s age and medical condition
- Length of the marriage
- Income, education level, and earning ability
- Parental duties
- Personal assets or investments
Kansas Statutes allow for temporary alimony during the divorce and long-term support after final judgment. Short-term payments may be ordered to help a spouse pursue job training or education. Long-term spousal support can last up to 121 months, but courts may extend it in special cases.
Child Custody and Visitation
Determining custody is often the most emotionally challenging part of a divorce. All custody decisions must serve the best interests of the child.
Under Kansas law, judges examine many factors, such as the wishes of the child and parents, the child’s adjustment to home and school, and each parent’s ability to support a positive relationship with the other parent.
Courts also consider evidence of domestic violence, substance abuse, or whether a parent lives with someone convicted of child abuse. Joint legal custody is common and allows both parents to make major decisions for the child.
The Process of Going Through Divorce Law in Kansas
If you plan to file for divorce, understanding the process can help you prepare for each stage.
Step 1: File the Divorce Law Petition
A divorce begins when one spouse submits a legal petition to end the marriage. The petition must include:
- Grounds for divorce
- Proof that at least one spouse meets residency requirements
- Other required details under state law
Kansas is a no-fault divorce state, which means a spouse can list “incompatibility” without needing to prove wrongdoing.
Step 2: Request Temporary Orders
Divorce cases can take months to resolve. Temporary orders ensure stability during the process and may include:
- Child custody
- Child support
- Spousal support
- Restraining orders involving property
- Status quo protections
Quickly requesting temporary orders is important to avoid gaps in financial or parental support.
Step 3: Serve Your Spouse and Wait for Their Response
The filing spouse must legally serve the divorce papers. If the other spouse agrees to accept service, they may sign an affidavit acknowledging receipt. Otherwise, a sheriff or private process server can deliver the documents and file proof with the court.
Step 4: Try to Come to an Agreement
The most efficient outcome is an uncontested divorce, where both spouses agree on property division, custody, and financial issues. Agreements can be reached privately or through mediation. This typically reduces cost and conflict.
Step 5: Go to Court
If an agreement cannot be reached, the case proceeds before a Kansas judge. A judge will hear evidence and issue binding rulings on every disputed issue. Divorce cases are handled by the Kansas District Courts, which are divided into 31 Judicial Districts serving 105 counties.
Step 6: Receive the Judgment of Divorce
The judge issues a final judgment of divorce, legally ending the marriage. This document explains how property will be divided, how custody will work, and how support payments must be handled.
Work With an Experienced Kansas Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Kansas divorce law attorney.
A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Kansas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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