Kansas is a no – fault divorce state. This means that you don’t have to prove that your spouse did something wrong, like adultery or cruelty, to get a divorce. Instead, you can file for divorce on the grounds of “irreconcilable differences,” which simply means that the marriage has broken down and cannot be repaired. To obtain a divorce on this basis, you must state under oath that the marriage is irretrievably broken and that efforts at reconciliation have been exhausted or are inappropriate. This no – fault approach simplifies the divorce process, reducing the emotional and legal stress associated with having to assign blame.
Residency Requirements
Before filing for divorce in Kansas, at least one spouse must have been a resident of the state for at least 60 days immediately preceding the filing of the divorce petition. Additionally, the county where the divorce is filed should be the one where either spouse resides. Meeting these residency requirements is essential to ensure that the Kansas court has jurisdiction over your divorce case.
Property Division
Kansas follows the principle of equitable distribution when it comes to dividing marital property. Equitable doesn’t necessarily mean equal; instead, the court considers various factors to determine a fair division. These factors include the length of the marriage, each spouse’s contribution to the acquisition of property (both financial and non – financial, such as homemaking and child – rearing), the age and health of each spouse, and the earning capacity of each party. Marital property includes all assets and debts acquired during the marriage, with a few exceptions for inheritances or gifts received by one spouse that were specifically intended only for that individual. The court aims to create a division that is just and reasonable under the circumstances of each case.
Spousal Support (Alimony)
If one spouse requires financial assistance after the divorce, the court may award spousal support, also known as alimony. The amount and duration of spousal support are determined based on several factors, including the financial needs of the requesting spouse, the paying spouse’s ability to pay, the standard of living established during the marriage, and the length of the marriage. For longer marriages, spousal support may be awarded for a more extended period to help the lower – earning or non – working spouse adjust to life after divorce. However, the court will also consider each spouse’s ability to become self – sufficient through employment or education.
Child Custody and Support
When children are involved in a Kansas divorce, the court’s primary concern is the best interests of the child. Custody arrangements can be either sole custody, where one parent has primary physical and legal custody, or joint custody, where both parents share responsibilities for the child’s upbringing. In making a custody decision, the court considers factors such as the child’s relationship with each parent, the mental and physical health of the parents and the child, the child’s preference (if the child is old enough and mature enough to express a preference), and each parent’s ability to provide a stable and nurturing environment.
