Statutory Reference to Kansas Statutes Annotated:

Residence: § 80-1603

Divorce: § 60-1601(a)

Property Division: 60-1610(b)(1)

Alimony: § 60-1610(b)(2)

Custody: § 60-1610(a)(3)

Visitation: § 16-1616(b)

Child Support: Supreme Court Administrative Order No. 128 (1998)

 

Residence:

The complainant must live in the jurisdiction for sixty days prior to the filing of the complaint.

 

Grounds:

(1) Incompatibility; (2) failure to perform a material duty or obligation; (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses. 

 

Distribution of Property:

Equitable distribution of property based on all property system.  In making the division, the court shall consider: (1) the ages of the parties; (2) the duration of the marriage; (3) the property owned by the parties; their present and future earning capacities; (4) the time, source and manner of acquisition of property; (5) family ties and obligations; (6) the allowance or maintenance or lack thereof; (7)  dissipation of assets; (8) the tax consequences of the property division upon the economic circumstances of the parties; (9) such other factors as the court deems necessary to make a just and reasonable division of property.

 

Alimony/Spousal Support:

The court may award modifiable or terminable alimony, but in no event for more than 121 months.  Maintenance my be lump sum, periodic, on a percentage basis of earnings, or on any other basis.

 

Child Custody/Visitation:

The court shall presume that a written agreement between the parties concerning custody is in the best interests of the child, rebuttable by the court's specific findings of fact. 

In determining custody, the court shall consider: (1) the length of time the child has been under the actual and control of any person other than a parent; (2) the desire of the child's parents as to custody or residency; (3) the desires of the child; (4) the interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests; (5) the child's adjustment to home, school, and community; (6) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent; (7) evidence of spousal abuse.

There is a preference for joint legal custody, and the court must state the reasons for its denial. 

Repeated denial or interference with visitation rights, and repeated misuse of child support, may be considered a change of circumstance justifying modification of custody. 

 

Child Support:

Child Support Guidelines at Kansas Supreme Court Administrative Order No. 128.  Kansas is an Income Shares state, based on gross income.

Child support may be continued beyond age 18 if the child has not completed high school.