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Divorce Laws in Kansas

Kansas can order a psychological evaluation of parents and/or children before or after the issuance of a divorce decree and may require counseling if it is in the best interest of the child. Parents will not be required to participate in court ordered counseling if it is in conflict with their religious beliefs.

Residency and Jurisdiction
At least one spouse must live in Kansas for at least 60 days prior to filing. Military personnel must be stationed in the state for at least 60 days prior to filing and may file in any county adjacent to the military base where he or she lives.

Fault or No Fault and Grounds for Divorce
Kansas grants fault and no fault divorces. No fault divorce is granted based on the grounds of incompatibility. Acceptable grounds for fault are as follows:

  • Abandonment for one year
  • Adultery
  • Extreme cruelty
  • Habitual alcohol abuse
  • Gross neglect of duty
  • Felony conviction and imprisonment
  • Mental illness or incapacity

Division of Property
Kansas is an "equitable distribution" state meaning the property is not divided 50/50 but rather in a manner that the court deems fair to both parties. Factors which must be considered when dividing property include:

  • Length of marriage
  • Age
  • Present and future earning capacity
  • How the property was acquired
  • Family ties and obligations
  • Spousal support
  • Dissipation of assets
  • Tax consequences

Spousal Support
In Kansas, the court is allowed to order spousal support, to last for a period no longer than 10 years and one month. At the time that the original order is issued, a provision may be included that allows the receiving spouse to request an extension when the support is ending.

Child Custody and Support
In determining child custody, in Kansas, the court is required to consider the following:

  • Amount of time, if any, that the child has been cared for by, and in the custody of, a third party
  • Wishes of the parents
  • Wishes of the child
  • Relationship of the child to the parents, siblings and any other significant parties
  • The child’s adjustment to home, school, and community
  • Each parent’s willingness to respect the bond between the child and the other parent and allow for a continuing relationship with that parent

Kansas follows the Income Shares Model for calculating child support.

If you are considering or facing divorce in Kansas, contact an experienced Kansas divorce attorney today.

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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Kansas and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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