Kansas Divorce Law Requirements
Divorce Residency Requirements in Kansas
To file for a divorce in Kansas, one must be a resident of the Sunflower State for at least 60 days.
Kansas Grounds For Divorce
The state of Kansas recognizes both no-fault grounds and fault grounds for divorce.
These include incompatibility (no-fault); failure to perform a material marital duty or obligation (fault); or mental illness or mental incapacity of one party where one is confined in a mental institution for a period of two years or more at the time of the marriage (fault).
Child Custody Law in Kansas
Kansas child custody laws specify that the court will give custody to the parent who has the best opportunity and capacity in promoting the child’s welfare. Below are some factors in custody decisions:
- wishes of the child’s parents as to custody;
- wishes of the child if the child is of age and is capable of making sound decisions;
- bond between child and parent and siblings;
- child’s adjustment to home, school, and community; and
- mental and physical health of all individuals involved.
Guidelines for Kansas Child Support
As in most states, Kansas child support guidelines are based on official child support guidelines and on the income shares model for calculating child support.
The court can modify the amount that a divorce petitioner receives or ordered to pay as child support in the future, especially if financial circumstances change. This would entitle any party to an increase or decrease in the amount of support paid. The same principle applies to the custody of minor children and regarding visitation rights and privileges.
Child support shall be in effect until the child reaches 18 years old or until the child attends secondary school.
Where to file for a divorce?
Divorce forms are usually filed either in the county of residence of either the respondent or the petitioner.
For a fast and inexpensive divorce process, you can file Kansas online divorce forms.
Refer to the “Divorce Requirements for Kansas Residents” above and also review the top online divorce sites.
In Kansas, mediation proceedings of some or all of the issues are usually conducted. The court may order a mediation proceeding concerning child custody or visitation privileges before hearing any motion related to these matters. Divorce petitioners must be prepared to attend mediation to help thresh out these issues when filing Kansas Divorce Papers.
Need information for a different state?
You may also visit the Kansas Courts for more information