Divorce Representation in Kansas

At O’Hara & O’Hara, we know that the breakdown of a marriage is a emotionally difficult experience. There are many important complex issues that need to be resolved. Let O’Hara & O’Hara L.L.C. help you from the beginning through the end of the divorce process.

Grounds for Divorce in Kansas
To get a divorce in Kansas the person filing for divorce must cite one or more of the following grounds for divorce: incompatibility, failure to perform marital duty or obligation, mental illness, or mental incapacity of one of the spouses. Kansas is a no-fault state, and incompatibility is the no-fault solution that allows for couples to file for divorce without placing any blame.

Residency Requirement and Waiting Period
A person can file for divorce in Kansas if either spouse has been a resident of the state for at least 60 days prior to the filing, and may file in the county in which either spouse lives.

The court won’t hold a hearing on a divorce case until at least 60 days after the initial petition is filed. The court may order the parties to attend marriage counseling during this period.

Military Personnel:

Any person who has been a resident of or stationed at a U.S. post or military reservation within the state for 60 days immediately preceding the filing of the Petition may file an action for divorce in any county adjacent to the post or reservation.

Kansas Divorce Filing
The Petitioner (filing party) may file the Petition for Divorce and a Domestic Relations Affidavit in the District Court of the county where either party lives. After being served, the Respondent (non-filing party) may answer and may also file a counterclaim for divorce, annulment or separate maintenance.

An action for divorce shall not be heard until 60 days after the filing of the Petition unless the judge enters an order declaring the existence of an emergency. Upon finding that an emergency exists, the divorce and all relevant issues may be heard immediately.

Kansas Legal Separation
The grounds for separate maintenance in Kansas are the same as those for divorce. If the parties to a marriage have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree. A separation agreement may include provisions relating to a parenting plan. Any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court in accordance with state law of Kansas.

Kansas Marriage Counseling:

After the filing of the Answer or other responsive pleading by the Respondent, the court, on its own motion or upon motion of either of the parties, may require both parties to seek marriage counseling services if available within the judicial district where the action is pending. Neither party shall be required to submit to marriage counseling provided by any religious organization of any particular denomination.

Parents may be required to attend parent education classes, and if they are unable to come to an agreement concerning parental responsibilities, the court may require mediation, unless mediation would be inappropriate in the particular case.

Divorce Property Division in Kansas
Kansas is an equitable distribution state. Kansas courts will distribute marital property based on the principle of equitable distribution—the court divides the property fairly, but doesn’t have to divide it equally. The court would examine the source of the property, the financial condition and earning ability of both parties, and any agreements that the parties might have had. Then, the court distributes the property based on what it would consider fair and just.

Kansas Alimony
The court may order one spouse to pay alimony, otherwise known as maintenance or spousal support, to the other. This can be in a lump sum, a periodic payment, or even a percentage of the paying spouse’s earnings. The court cannot order spousal support to continue for a period longer than 121 months.

Kansas Child Custody
The court can order payments by one or both parents for the care and maintenance of the child or children. Kansas has guidelines for calculating child support.

If a parent wants to change an order that was made within the preceding three years, the court requires a showing of a material change in circumstances (this could be a change in income for either parent, loss of a job, or anything else that changes the financial picture). However, if a parent wants to change a child support order after more than three years has passed, the court will not require that a material change in circumstance.

Kansas Child Support
Before the court can make a decision about child custody, it will examine many elements: the wishes of both the parents and the child, the adjustment of the child to the child’s current home, school, and community, any evidence of spousal or child abuse by a parent or someone the parent lives with, and whether the parent or someone the parent lives with is subject to sex offender registration.

By law, a parent is entitled to reasonable parenting time unless there is evidence that spending time with the parent would physically, emotionally, or mentally harm the child. If the court finds a need, it may order that the child exchange or visitation occur at a visitation center.

A parent who has legal custody, resides with the child, or has parenting time with the child, must give the other parent written notice at least 30 days prior to changing residences with the child or removing the child from the state for more than 90 days.

When considering a case in which the custodial parent wants to move away with the child, the court will consider whether the move is in the best interest of the child, how the move will affect all of the parties involved, and whether the move will impose any increased costs on the parties. Kansas courts have ruled that there are no presumptions in favor of or against relocation; the court would have to consider what the best thing for the child would be.

Spouse’s Name
The Kansas court shall order the restoration of that spouse’s maiden or former name upon the request of that spouse.

Disclaimer: We try to keep the information provided up to date. However, laws often change, as do their interpretation and application. We recommended that you seek the advice of a local attorney familiar with Divorce cases in your area.