Each state has its own body of law governing divorce and matters of children that are affected by divorce. If you plan to file for divorce in Kansas, first know the basics about residency requirements for filing a petition for divorce, how Kansas courts divide community property and award spousal maintenance, and how child custody is determined in this state.
Residency and Filing Requirements
To get a divorce in Kansas, either the spouse filing for divorce--the petitioner--or the respondent spouse must have lived in the state for at least 60 days. This residency requirement also applies to military personnel who are stationed in Kansas. The essential document needed to initiate a divorce proceeding is the petition for divorce, which is filed in the county where the petitioner resides. However, numerous documents may also be filed during the course of a divorce in Kansas and may include a verification for the petition, marital settlement agreement and declaration under the Uniform Child Custody Jurisdiction Act.
Grounds for Divorce in Kansas
Kansas is a "no fault" state, which means that a petitioning spouse can claim grounds of incompatibility--the couple simply can't get along. But Kansas law also permits lawful grounds for divorce based on "fault" of one of the spouses. These included failure to perform a material marital duty or obligation or incompatibility by reason of mental illness. If claiming the latter, one of the spouses must have been institutionalized for a mental illness for at least two years or deemed mentally incompetent by a court during a period of institutionalization.
Division of Community Property
Courts in Kansas distribute community property equitably--in a manner deemed fair, rather than equal. Divorcing spouses are encouraged to come to an accord on how the marital estate will be divided before they go to court, but if they cannot agree, the court will divide the property for them. In doing so, the court will consider many factors, some of which include the length of the marriage, the spouses' age and health, their present and future earning potential, if spousal support will be awarded to one of the divorcing parties and any other factors the court finds relevant.
Spousal Maintenance
A court may award either spouse temporary maintenance in a manner it deems "fair, just and equitable." Spousal maintenance in Kansas does not extend past 121 months. Spousal maintenance can be paid to the obligee in a lump sum or through periodic payments based on the obligor's earnings.
Child Custody
When it comes to custody matters, Kansas courts will always do what's in the best interest of the child. Divorcing parents are encouraged to come to an accord and submit a parenting plan outlining their respective custodial duties, but if they cannot agree, the court will make a custody determination for them. When determining custody, the court considers many factors. Some of these include the child's wishes, interaction between the child and her parents and siblings, how long the child has been under the actual care of a person other than the parents, evidence of spousal abuse and the willingness of each parent to encourage a relationship with the other. While some states rely on the "Tender Years Doctrine," which presupposes that a child is better off with her mother, Kansas law makes no presumption that a young child or infant is better off with a parent of a specific gender.
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