Kansas

Marriage & Family Law Home

In the state of Kansas, when going through a divorce, either spouse may file for a maintenance order, otherwise known as alimony, to be received as soon as the court deems fit. Depending on several factors, the individual may or may not receive alimony. The basic concept of alimony is that during a marriage, one spouse is often more dependent on the other and develops a standard of living based on the higher income spouse’s income, and it is assumed that the higher income spouse has gained in some way from the commitment of the dependent spouse, such as from child rearing, housekeeping, or other forms of support, and as such, the higher income spouse is then responsible for maintaining the standard of living that the dependent spouse has developed.

Some main factors of consideration for alimony by the court are the sizes of both individual’s estates, incomes, potential earning ability, and monetary condition in which they will be left by the divorce. The payments may be decreed for life, or in a lump sum, as dictated by the court.

Things the court will not take into consideration include, but are not limited to, are: disability benefits, awarded to either veteran spouse for service connected disabilities, and awarding any other income or property of the veteran to their spouse or former spous ....... Click here to get more info on Alimony

If the appropriate amount of support under the Kansas child support guidelines cannot be calculated due to any facts not proven by evidence, the court will apply one or more of the following:

• Both parents have only gross earned income equal to 40 hours per week at the federal minimum wage then in effect



• neither parent's income is subject to adjustment for any reason



• the number of children is as alleged in the petition



• the age of each child is as alleged in the petition or, if unknown, is between seven and 15 years



• no adjustment for child care, health or dental insurance or income tax exemption is appropriate



• neither parent is entitled to any other credit or adjustment.

If the county or district attorney determines that:

• A parent will contest the amount of support resulting from application of the guidelines



• the parent is or m ....... Click here to get more info on Child Support

Factors in deciding custody, residency and parenting

To determine legal custody, residency and parenting time of a child, the court will consider all of the following factors:

• the parent's role with the child before and after separation



• what the parents desire in terms of custody and/or residency



• what the child (of sufficient age and maturity) desires to their custody and/or residency



• the age of the child



• the emotional/physical needs of the child



• the interaction of the child with their parents, siblings and anyone else who may have a significant affect on the child's best interests



• how the child adjusts to their home, school and community



• the ability of each parent to allow for a continuing relationship between the child and the other parent



• evidence of emotional and/or physical spousal abuse



• the ability of each party to cooperate in parental duties



• the child's school activity schedule



• the work schedule of each party



• Where each parties' residences and places of employment are located



• where the child's school is located



• whether a parent fits the registration requirements of the Kansas offender registration act, or similar act in any state, military, or federal law



• if a parent has been convicted of abuse of a child



• whether a parent is living with someone who is subject to registration requirements of the Kansas offender registration act, or similar in any other state, military, or federal law



• whether a parent is living with someone who has been convicted of abuse of a child.

In order to determine custody, residency and parenting time of a child, the court can order a parent to undergo a domestic violence offender assessment and can order the ....... Click here to get more info on Custody

For Kansas, a spouse who is interested in getting a divorce must have lived in the state for a minimum of 60 days before a court will even consider a petition. From that, the state has two methods that can be used. The no-fault option and the fault option.

The courts of Kansas only recognize incompatibility for the no-fault option and would require both sides agree that this was the issue. With that, it will be easier for a court to issue a divorce decree. If either spouse does not agree, then a fault divorce would be the only option.

For the fault option, the state recognizes the following as reasons to seek a divorce: failure to perform marriage duty or obligation, incompatible due to mental illness or incapacity in either spouse.

As there are very few options availab ....... Click here to get more info on Divorce

In Kansas, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply. ....... Click here to get more info on Visitation

Under Kansas law, marital property is subject to equitable division. ....... Click here to get more info on Property Division