Family Law FAQs

• Divorce 6

Divorce

• How can I get custody of my child after my divorce?

  Kansas law recognizes that parents are entitled to spend time with their children, and vice-versa. Courts prefer that this parenting schedule is determined by parental agreement. If the parents are unable to reach an agreement, then the court will order an appropriate parenting schedule. There are three separate parts to child custody issues. First, a court will determine whether both parents will have joint legal custody or decision-making power, or whether one parent will have sole legal custody. Then, a court will decide residency or where the child will live. Residency can be primarily with one parent or shared by both parents. Finally, a court will determine an appropriate parenting schedule that sets out when and how much time a child will spend with each parent, if they cannot agree on a schedule.

• Can I get spousal support after my divorce?

  Courts consider many factors in determining whether to award spousal support and how much, including:

  • The ages of both parties;
  • Their current and future earning capacities;
  • Their current and future financial needs;
  • Their health;
  • Their family ties and obligations;
  • Their overall financial resources and abilities to support themselves separately;
  • The length of their relationship and marriage;
  • Their education and job experience;
  • Whether there is a need for spousal support and the ability to pay spousal support;
  • Whether the parties agree that spousal maintenance is appropriate; and
  • Whether some support is necessary to enable a spouse to complete an education or become self-supporting.

• What happens to our property if we divorce?

  Kansas courts have the power to decide how to divide between a divorcing husband and wife any and all property and debt that either the husband or wife owns or possesses regardless of when the property or debt was obtained and whose name the property or debt is under. This includes real and personal property as well as financial accounts, retirement accounts and plans, secured or unsecured debts, and any other property interests that either spouse may possess at any time during the marriage. Kansas courts make this division through the rule of equitable division using all factors that are relevant.

• What is an uncontested divorce?

  An uncontested divorce occurs when both spouses agree on all the particulars of the divorce, including:

  • Division of property (all marital property, assets, and debts);

  • Child custody and parenting plans;

  • Child support;

  • Spousal support; and

  • Payment of attorneys’ fees and costs.

• How long do I have to reside in Kansas to file for a divorce in Kansas state court?

  Under Kansas statutes, either the husband or the wife must have been a resident of the State of Kansas for at least 60 days (2 months) before filing the petition for divorce. A petition for divorce is usually filed in the county in which either spouse resides. Kansas law does not require that either party continues to live in the State after the filing date of the petition

• What are the grounds for getting a divorce in Kansas?

  Kansas allows for both fault and no-fault divorce. Under the no-fault umbrella, the divorce may be based solely on “incompatibility.†Kansas courts are required to grant a divorce if one spouse requests it, even if the other spouse does not want to divorce. Kansas also recognizes a few fault grounds for divorce, also recognizes a few fault grounds for divorce including failure to perform a material marital duty or obligation (such as failure to engage in sexual relations), or incompatibility by reason of mental illness or mental incapacity of one or both spouses.