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When you are divorcing, there are statutes and rules of law that are applied to each person that must be obliged if you are getting a divorce in Kansas. These are outlined by the state government and ruling body of Kansas. Being aware of the whole law group that covers divorce would be an unreasonable expectation, however, if you keep in mind some of the general statutes, you will be prepared to see yourself through a divorce process with the greatest chance of harmony and efficiency.
Kansas is both a no-fault and an at-fault state when it comes to divorce. Being no-fault, you only need to prove that you and your spouse have been officially separated for at least two years or that you both desire to divorce because of differences that cannot be reconciled.
Getting an at-fault divorce in Kansas is a little more detailed and must be done in front of a judge by the person who is originally filing for the divorce. The person who is being filed upon is going to need to answer the filing with either a negative answer or a request for a divorce extension.
One of the reasons for getting a divorce that is at-fault is most likely due to a contested child custody suit. Another reason for an at-fault divorce is due to a property division dispute. By providing documentation that your spouse was at-fault you may receive a larger portion of the assets. A spousal support dispute may be another reason for an at-fault divorce.
You or your spouse must have been a resident of the state of Kansas for at least 60 days before you can file for divorce.
Kansas is an “equitable property division” state. This means that all you earned in the past and present is yours. Your ex-spouse will be able to keep her or his wages also unless the court grants spousal support. Both of your wages may need documentation, so the court may ask you to submit pay receipts, Federal income tax documents and other forms. Providing a clear picture of your financial state is paramount. If there is any property involved, the judge can divide it and allow either one of you to manage it or dispose of it as you see fit.
The state of Kansas tries to put the highest interests of the children before the desires of the adults and this means that the court will presume that both of you want regular contact with your child. The court may give you joint custody, however, some of the deciding factors that the court looks at are the gender of the parent and the child, and the mental condition of the child. The age of the children will be considered in order to best place him or her with the parent that is most appropriate. The court will consider what type of relationship you and the child have when custody issues come up. Maintaining a peaceful living situation for the children will also be examined by the court because the goal is to give the child the most supportive and constructive environment. The child could be questioned by the judge to find out which parent the child wants to be with.
Child support is often viewed as a means, in a divorce, of getting what you want financially because the parent who wins primary custody usually gets the most in child support. The court has to determine, by your testimony, if you are the best parent to provide for the child. Both adults involved are mandated by law to support the child monetarily and your income will be examined. If one of the parents involved is purposefully not earning as much as he or she can in order to get a better child support payment, the court will look at this and order this parent to earn a higher income.
Having foreknowledge of the divorce process of Kansas is so important when you are possibly deciding to separate from your spouse. You may want to talk this over with an attorney to see what your best options are.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified divorce lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.