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Kansas Divorce Facts

When going through a divorce in in Kansas, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Kansas should know. The facts listed here are only a selected few of the more comprehensive set of Kansas Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Kansas Divorce Professional.

  • A Kansas filer 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, he or she is not required to have been living with the spouse for those 60 days.
  • Kansas recognizes common law marriages.
  • Kansas permits divorce on one of three grounds: 1) incompatibility, 2) failure to perform a material marital duty or obligation, or 3) incompatibility by reason of mental illness or mental incapacity of one or both spouses. In the case of mental illness/incapacity, someone other than the spouse will be acting on his or her behalf.
  • Kansas is an all property state. Assets considered include property brought to the marriage by one spouse, property 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.
  • Courts generally have three options 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, or 3) the ordered sale of property in question and dividing the proceeds from the sale.
  • The judge looks at the following criteria when it comes to dividing assets: the age of the spouses, their future earning capacities, the duration of the marriage, the history of the property, the tax consequences of a forced sale, family ties and obligations, and an allowance for alimony.
  • Parents find it in their best interests to come to a parenting plan before going to the court. When the parents cannot do this, the courts decide the best interest of the child. The court may override a parenting plan if it feels the child's interests are not being served. Courts consider a number of factors in deciding custody and residence. They include, but are not limited to, the desires of the parents, child, interaction and relationships of the child with others, the child's adjustment to school, home and community and the willingness to nurture a good relationship between the child and his or her other spouse.
  • Neither parent has a "vested interest" in the custody and residence of the child. This means that no presumption is made that infants or young children should reside with the mother.
  • Custody agreements may be joint or sole legal custody.
  • 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.

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