Divorce Laws in Kansas

According to Kansas divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of incompatibility. Fault grounds can include failure to perform a marital obligation or incompatibility due to mental illness. Additionally, the spouse filing for divorce in KS must have been a resident in the state of Kansas for sixty days prior to filing.

Alimony and Equitable Distribution in Kansas

Kansas is known as an equitable distribution state. According to the divorce laws in Kansas this means that all property, whether marital or separate, must be divided fairly or equitably, but not necessarily equally, regardless of title held.

Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage and the prior standard of living shall be considered in determining the amount and duration to be paid. However, alimony is under no circumstances awarded for a period longer than 121 months.

Kansas Child Support and Child Custody

Kansas divorce law provides for joint legal custody. However, under KS divorce laws, if the parents submit a written agreement of custody that is considered to be in the best interest of the child. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model, based on gross income set forth by divorce law in Kansas. Expect to pay child support until the age of 18 or until the child is a high school graduate.