Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of Iowa, but does contain basic and other procedures.
Grounds
Kansas law permits no-fault divorces based upon incompatibility
of the parties. Additional grounds include failure to perform a material
marital duty or obligation, and incompatibility of the parties due to metal
defect. KSA 60-16-1601
Residency requirements
Kansas law requires that at least one of the spouses must be a
resident of the state for a minimum of sixty (60) days immediately prior
to the filing of the petition for divorce. KSA 60-16-607
Venue
The petition for divorce may be filed in the county where either
party resides. KSA 60-16-1603
Legal separation
Kansas law permits a judgment of separation. The grounds for legal
separation are the same as for a decree of divorce. KSA 60-16-1601,
1603
Waiting period
Unless the court has entered an order declaring the existence of
an emergency, no decree of divorce may issue until sixty (60) days have
elapsed from the filing of the petition for divorce. KSA 60-16-1617
Alimony/support
The courts may award alimony to either spouse. Alimony may be periodic,
lump sum, based upon a percentage of earnings or any other basis. The award
may be any amount determined by the court to be fair and equitable. The
court may not award alimony for a period of time in excess of 121 months.
After the expiration of the original 121-month period, a party may petition
the court to extend alimony for an additional period not to extend 121
months. KSA 60-16-1610
Distribution of property
Kansas is an equitable distribution state. This means that the
court will divide the marital property between the parties as it deems
equitable and just, after setting aside to each spouse the separate property
of each. Some of the factors the court considers in dividing the property
between the parties include:
1. The age of the parties
2. The duration of the marriage
3. The property owned be the parties
4. The parties present and future earning capacities
5. The time, source and manner of acquisition of the property
6. Family ties and obligations
7. The allowance of maintenance or lack thereof
8. Dissipation of assets
9. The tax consequences of the parties
10. Other such factors the court considers necessary for
just and equitable distribution of property.
KSA 0-16-1610
Child custody
Kansas courts will decide the issue of custody based upon the best
interests of the child. In determining the best interests of the child,
the court will consider:
1. The length of time the child has been under the
actual care and control of any person other than a parent and the circumstances
thereto
2. The desires of the child
3. The interaction and interrelationship of the child with
parents
4. The child"s home, school and
community
5. The willingness and ability of each parent to respect
and appreciate the bond between child and other parent
6. Evidence of spousal abuse
The court may order joint or sole legal custody and may set up residency plans which provide for sole or joint physical custody, based upon the best interests of the child. KSA 60-16-1610
Child support
In a proceeding for dissolution of marriage or legal separation,
the court may order either or both parties to pay a reasonable amount necessary
for the support of a child of the marriage.
The Kansas legislature has established child support guidelines which establish the presumptive correct amount of child support. Deviation from the guidelines require a specific finding by the court that application of the guidelines would be unjust or inappropriate and such findings must be included in the judgment. KSA 60-16-1610
Counseling/mediation
The court may order that either or both parties to a divorce action
and/or their children be interviewed by a court approved counselor to determine
whether counseling is needed with regard to custody, residency, visitation
or parenting time.
The court may order either or both parents to attend parent education classes and may also order mediation if the parents are unable to resolve issues and agree to a parenting plan. KSA 60-16-1608, 1617
Name change
The court, upon granting a final judgment of divorce, may allow
a party to resume the use of their former name. KSA 60-16-1610
No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with Adult Children with or without Property and Debts
No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with Minor Children with or without Property and Debts
No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts
