Divorce Law Basics in the State of Kansas
Also See: Kansas Marriage Laws
Statute: Kansas State Divorce Code (Chapter 60, Article 16)
No-Fault Grounds: Incompatibility
- Failure to perfomr a material marital duty
- Incompatibility due to mental illness – requires a finding of either confinement in an institution for at least two years or an adjudication of mental illness while the party is confined in an institution
Residency: Filing party must have been a resident continuously for 60 days or more prior to filing.
Legal Separation Recognized? Yes.
Counseling Requirements: Parents may be required to attend parenting classes in the event of a dispute regarding custody issues.
Property Distribution : Kansas relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.
Alimony : Alimony may be awarded to either party and is at the discretion of the judge. Payment can be in lump sum or in periodic payments for a period not to exceed 121 months.