Kansas Family Law Resources

Welcome to our curated guide to Kansas Family Law Resources. Whether you’re involved in a divorce, seeking custody advice, or dealing with child support matters, you must understand the nuances of Kansas family law. This page provides essential information, tools, and legal insights to empower you through your family law journey. We curate our resources to offer clarity and support regarding Kansas law, helping you make informed decisions. If you are facing a family law issue in Kansas, contact Cordell & Cordell’s knowledgeable attorneys. We fight to give men a fair chance in family court.

• Overland Park Fathers’ Rights
• Kansas Child Custody Questions
• Kansas Divorce Laws & FAQ
• Kansas Maintenance

Kansas Divorce Process

A Kansas divorce must address all issues involving the marriage, marital property, spousal support, and any minor children born to the couple, including:

• Child custody and parenting time (visitation);
• Child support;
• Spousal support (alimony); and
• Property division.

While each divorce case is unique, the following steps appear in most or all divorces:

Filing a Divorce Petition

Every divorce case begins with one spouse (the “Petitioner”) filing a petition for divorce in the county where they or their spouse resides. The petition must identify any minor children of the parties and state what the petitioner wants the court to do.

Service of Process

The Petitioner must arrange for service of process on their spouse (the “Respondent.”) This provides the Respondent with official notice of the divorce proceeding. The Respondent may waive service by signing a voluntary entry.

Response or Counter-Petition

After receiving service of process, the Respondent has twenty-one days to file an answer or a counter-petition for divorce.

Pre-Trial Discovery

In the discovery stage of litigation, the parties can obtain information and evidence from each other. This might include requests for documents and depositions of potential witnesses.

Negotiating a Settlement

The parties and their lawyers can attempt to negotiate a settlement agreement at any time. A court cannot grant a decree of divorce until at least sixty (60) days after the filing date of the petition, so there is time to negotiate.

The spouses may be able to settle all issues in an uncontested divorce. They can present their agreement to the judge as a decree of divorce.

Trial

Kansas does not have jury trials in divorce cases. All contested divorces that go to trial go before a judge, who will decide any outstanding issues.

Related Article: The Million-Dollar Question: How Much Will My Divorce Cost?

Kansas Residency Requirements

In Kansas, in order to begin a divorce case, one of the parties must have been an actual resident of Kansas for at least sixty (60) days immediately preceding the date the Petition for Divorce was filed (K.S.A. § 60-1601(a)).

A petition for divorce may be filed in the county in which the Petitioner is an actual resident, the county in which the Respondent is an actual resident, the county in which the Respondent can be served with process; or, if the Petitioner is a resident of or stationed at a U.S. military post, the action may be filed in any county adjacent to the post or reservation K.S.A. § 60-607.

Grounds for Divorce in Kansas

A Kansas court must grant a divorce where it finds any of the following grounds for divorce:

• The parties are incompatible;
• One party has failed to perform a material marital duty or obligation; or

The parties are incompatible by reason of mental incapacity.

Related Article: I’m In A Hurry. How Fast Can I Get Divorced?

Kansas Property Division Process

Two kinds of property are involved in Kansas divorces:

• Marital property: Property that the spouses acquired during the marriage, which they jointly own.
• Separate property: Property that one spouse acquired before the marriage or acquired at any time as a gift or through inheritance.

Kansas follows the “equitable division” approach for marital property. This means that a court must distribute marital property fairly between the spouses. Note that “equitable” does not necessarily mean “equal.” A court does not have to split marital property exactly 50/50.

Kansas Child Custody Laws

Child custody includes both legal custody and residential custody.

Legal custody is decision-making authority over issues such as a child’s religion, education, and health. There are two types of legal custody: joint legal custody and sole legal custody.

• Joint legal custody is the preferred legal custodial arrangement and provides that both parents share equal decision-making authority.
• Sole legal custody vests in one parent complete decision-making authority and is awarded only when the court finds that it is in the child’s best interests that one parent, and not both, should be responsible for making decisions regarding the child.

Residential custody refers to the child’s living arrangements, including the parent with whom the child will reside and the parenting time the child will have with each parent. The court is not required to designate either parent as the “primary residential custodian.”

Kansas law identifies numerous factors courts must consider to determine who gets custody, including:

• Each parent’s involvement in the child’s life;
• Each parent’s wishes regarding custody;
• The child’s wishes, if they are “of sufficient age and maturity”;
• The child’s age, health, and needs;
• Each parent’s willingness and ability to work with the other parent to co-parent the child;
• Evidence of domestic violence or child abuse;
• The child’s school schedule; and
• The parents’ work schedules.

Kansas Child Support

Child support in Kansas is typically awarded pursuant to the Kansas Child Support Guidelines.

Calculating Child Support

Child support awards are based on “income sharing,” which means that the award combines the gross incomes of both parents to determine a hypothetical income base upon which the child support amount will be determined.

Then each parent’s individual gross income will be divided by the combined gross income figure to arrive at a percentage of the total child support obligation that the parent must contribute to support the child.

Adjustments to Child Support

Adjustments may be made to either parent’s base child support obligation for:

• Expenses like health insurance premiums and daycare;
• Long-distance parenting time, such as when a parent must incur substantial costs to accomplish parenting time; and
• Parenting time when the non-custodial parent spends a substantial amount of time with the child.

Child Support Modification

An award for child support may be modified upon a showing that there has been a material change in circumstances such that a parent’s obligation would be increased or reduced by at least 10%.

Kansas Spousal Support

Spousal support, also known as maintenance or alimony, makes up for economic imbalances in earning power or standard of living. Courts do not automatically award spousal support in Kansas divorces. The parties may agree to it, or a court may award it based on certain factors, including:

• The length of the marriage;
• The standard of living enjoyed during the marriage;
• Each spouse’s age, health, and financial resources;
• Each spouse’s contributions to the marriage, financial and otherwise;
• The payor spouse’s ability to support themselves while paying support; and
• The time the payee spouse would need to complete education or training needed for employment to support themselves.

Two forms of maintenance are possible:

• A lump sum paid all at once or in several installments; or
• Periodic payments in a set amount.

A court cannot order spousal support for longer than 121 months unless the parties agree to a longer term. A spousal support obligation ends:

• On a date specified in a court order;
• When either spouse dies; or
• When the payee spouse remarries.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

For over thirty years, Cordell & Cordell has helped men involved in divorces and other family law disputes. Our firm acts as an advisor and advocate for our clients, working to protect their financial and family interests.

“[My attorney] did an outstanding job. The office staff was helpful with any questions he had also.” — Anonymous

“[My attorney] did a good job of communicating and you could tell she was very passionate about her job.” — Quinton M.

Helping Kansas Fathers and Their Families

Cordell & Cordell is a law firm in over 30 states that helps men deal with various family law issues. This page serves as a resource and should not be taken as legal advice.

To learn more about what our firm does and how we can help you, contact us today at 866-DADS-LAW (323-7529) or through our online contact form.