In Kansas divorce law there are two main players. First, there is the respondent, who is the other member of the marriage. Second, there is the petitioner, which is the spouse that files for the divorce.
For Divorce in Kansas to be able to be filed and carried out, their reasons of separation must be legitimate. They can file for divorce in Kansas if: the marriage is irretrievably broken, and there is no possible way it can be fixed; because of incompatibility; or failure to perform maternal obligation. After stating this they must go to court and the court will decide if the claims that were made are true or if it is something that the spouses could work through as time moves on.
The main documents needed for a divorce in Kansas are Petition for Dissolution of Marriage and Decree of Dissolution of Marriage. These two documents are vital to the divorce being carried out. There can be anywhere from ten to twenty more documents needed to finalize the divorce in Kansas.
Some of the things that are resolved during the divorce are the property distribution, the name changing options, spousal and child support, and child custody. The land distribution is divided up to the person who usually needs it the most because Kansas is not a equal distribution state when it comes to land.
Child custody usually is the messiest part of a divorce. The state of Kansas tries to make it easy for the child and not something that will scar them for life. When choosing what to do the court the main thing is which parent is more capable of taking care of the child or children. They also consider the child’s need of both parents. They also consider which parent would be most likely to allow the child so see the child’s other parent. Other concerns are: the parents’ mental and physical stability, how well the child has adjusted to his or her environment, and the wishes of the child.
The name changing option for the woman must be filled and they must make a petition like in any other state. After it is resolved they must run their new name in the local paper so everyone will know and for documentation reasons. Spousal support is not very common, but it is when once spouse needs financial help from the other spouse because they are not able to support themselves usually because of mental or physical problems. The amount will depend on the former spouse’s predicament.
One of the most important parts of a divorce in Kansas, or any divorce in any state for that matter is usually about the children. Child support is based on the income shares model. The child may only receive child support until he or she is eighteen unless they are mentally handicapped.
So, those are the major steps to a divorce in Kansas.