Kansas Divorce Laws

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Divorce laws in Kansas are depended on the federal statues that imbibe the basic principles of divorce. The Kansas divorce laws provide the implication of legal provisions related to the matters like property division and custody of children. The residency requirement of two months must be fulfilled by an applicant before opting for a divorce in Kansas. The respective county courts may require the applicants to complete a certain period of residency in their territory before approaching for divorce.

Kansas Divorce Laws regarding child support

The statutes 60-16-1610 and 38-1598 of the state are the basis of child support. The Court may issue orders that the education expenditure and child support has to be paid by one or both parents, irrespective of the child custody plan ordered by the Court. The Kansas Child Support guidelines are used to decide the amount that is to be contributed for child support. When the child becomes 18 years old, child support ceases to exist. However, the parents may have a written agreement to extend it. There are specific conditions under which the court may consider to extend the child support.

Kansas Divorce Laws regarding child custody

Child custody matters are decided in the favor of the child involved. According to the conditions of parents, either a joint custody or a single custody is offered. The statutes 60-16-1610 are used to decide child custody. The Court keeps in mind the best interests of the child while deciding custody. The below mentioned issues are thought over -

• The adjustment of the child in the community, in school and at home
• The relation amongst the parents and the child
• The wish of the child about the custody plan
• The wish of the parents about the custody plan
• Proof of child or spousal abuse by either parent or any individual who stays along with the parent
• The capacity and readiness of either parent to respect and promote the bond amongst the other parent and the child
• If any individual who lives with the parent or the parent is subject to Offender Registration

Alteration of name

If the wife requests to restore her former name or maiden name, then the Court issues the relevant orders. These are based on statutes 60-16-1610. Alteration of the name should be requested in the application for divorce.

Spousal Support

The issue of spousal support is solved using statutes 60-16-1610. The Court considers all circumstances and concludes what amount can be regarded as equitable, just and fair for spousal support. This spousal support may be paid by either spouse as a percentage of earnings or in periodic payments or as a lump sum amount. However, such a spousal maintenance can be ordered by the Court for a maximum period of 121 months. Sometimes the original decree comprises of provisions that empower the Court to hear further motions. Any such motion has to be filed before the period of 121 months terminates. On hearing such a motion, the Court reserves the right to lengthen the maintenance. However, the maximum period of such an extension is 121 months.

Property distribution

Property distribution is one of the disputing matters in divorce. Preferably, the property division is requested to be settled by the mutual understanding and agreement between partners. When the parties cannot mutually agree for the distribution of property, the court separates the property in an equitable manner. The court or the parties may request the disclosure of the property that involves the submission of financial documents and statements about the marital property. Marital property is related to the assets and liabilities earned by the partners during the period of being married. Thus, individual property is not considered in the property division. Before such a division is declared, the following items are considered by the Court -

• How the respective financial states of the partners would be affected by the consequences of tax of the property division
• Dissipation of assets
• Lack or allowance of spousal support
• Family ties and obligations
• The mode in which the property was attained
• The future and present earning capabilities of every partner
• The properties owned by the partners
• The period of marital life
• The ages of the partners
• Any other issues which the Court feels are essential for a reasonable and just separation of property

This is the way to have a divorce in Kansas. Kansas divorce laws are mandatory for every divorce case registered in the state. The provisions and implementation of the laws may change according to the nature of a divorce case. Thus, every applicant of divorce should know the basic rules and regulations mentioned in the divorce laws of Kansas jurisdiction.

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