Friday, June 24, 2011

Kansas divorce laws


To file for a divorce in Kansas, spouse must be a State resident for at least 60 days before the filing. The divorce petition must be filed with the District Court of the county where the spouses resides. [Based on Kansas Statutes 1603-60-16]


A divorce or separation may be founded on the following reasons:

Incompatibility to breach a conjugal duty or obligation material. Established the mental illness or mental disability of either or both spouses.

[Based on Kansas Statutes 60-16-1601]


A legal separation may be granted for the same reasons as a divorce and may contain provisions detailing how matters will be handled during the separation, including provisions relating to a parenting plan. All provisions relating to the legal custody, parenting time residence, visitation, support or education of minors should be subject to review by the Court. A separation agreement can be embedded in a decree of divorce, if the Court finds that it is valid, just and equitable. [Based on Kansas Statutes 60-16-1601]


Parents may be required to attend a parent education classes, and if they aren't able to come to an agreement concerning parental responsibility, the Court may require the mediation unless the mediation would be inappropriate in the particular case. [Based on Kansas Statutes 60-16-1626]


Kansas is one of equitable distribution, which means that the property will be distributed fairly if the parties cannot reach an agreement. The Court shall take into account the following factors when dividing marital property:

The age of the parties. The length of the marriage. The property is owned by each party. Each spouse of present and future earning capacity. As the property was acquired. Family ties and obligations. The maintenance or the lack thereof. Dissipation of assets. Tax consequences of the Division of property on their respective economic circumstances of the parties. Other factors as the Court considers it necessary to make a fair and reasonable division of property.

[Based on Kansas Statutes 60-16-1610]


Spouse may be granted to spouse in an amount the Court finds to be fair, just and equitable under all circumstances. Maintenance can be granted as a lump sum of periodic payments, on a percentage of income, and the Court cannot grant maintenance over a period of time in excess of 121 months. If the original Decree contains provisions empowering the Court to hear the next movements, and these movements are filed before the cessation of 121 months, then the Court may extend for a period not exceeding 121 months. [Based on Kansas Statutes 60-16-1610]


The Court shall order the restoration of the maiden who's spouse or former name at the request of that spouse. [Based on Kansas Statutes 60-16-1610]


Both parents can be assigned into custody. If custody is at issue, it shall be decided by the Court based on the interests of the child, taking into account the following factors: the desires of parents in relation to custody. The wishes of the child concerning custody. The interaction and the interrelationship of the child with the parents. Adjustment of the child to the child's home, school and community. The willingness and ability of each parent to respect and foster the bond between the other parent and child. Test of spousal or child abuse by father or someone with whom the parent resides. If a parent or someone with whom a parent resides is subject to registration.

[Based on Kansas Statutes 60-16-1610]


Regardless of the regime of custody ordered by the Court, the Court may order the child support expenses and education must pay one or both parents. In determining the amount of child support, the Court must use the child support guidelines, Kansas. Child support ends in 18 years, unless the parents reach a written agreement to extend the support, the kid turns 18 before completing high school. [Based on Kansas Statutes 60-16-38-1598 and 1610]

View the original article here

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