Approximately half of the marriages in the U.S. lead to divorce. If you're about to join this number, it is crucial you know your rights because much is at stake --- including your property, your assets and your children. The process of divorce isn't easy and divorce laws are not the same in every state so it is important to be well-informed from the outset.
Requirements and Grounds
Kansas laws state a couple may file for divorce or dissolution of marriage as long as one or both parties have been residing in the city 60 or more days prior to filing. Filing for divorce in Wichita is also allowed for those who are part of the military and have been based in the city for the same number of days. District courts in Kansas grant divorce based on any of the following grounds: incompatibility --- which falls under no-fault divorce; failure to meet marital obligations of one or both parties and incompatibility caused by mental incapacity or illness of one or both parties --- both of which fall under fault divorce.
Expediting
To expedite the process, parties must settle all agreements prior to the court hearing. Although not required, it is highly recommended the parties involved hire a lawyer or a mediator to help understand legal stipulations, arrange settlements and sort out remaining points of disagreement and paperwork. Beginning with Internet research will yield helpful information to make this complicated process more understandable and even some of the necessary forms to be filled out for divorce agreements. After you can engage a local lawyer's legal services to answer your outstanding questions and assist you through the process.
Division of Property
If parties cannot reach an agreement on the division of property, the respective district court will decide. As Kansas is an equitable distribution state, all properties, assets and debts, whether those acquired as a married couple or as an individual, are divided equitably --- not necessarily equally. Factors in property distribution include each party's earning capacity, tax consequences, family obligations, use of assets, and properties.
Alimony
Alimony or spousal support can be given to either party but for no longer than 121 months. The duration and amount to be awarded are determined by factors such as length of marriage, each party's age, needs, assets, properties and prior living conditions.
Child Custody and Support
If parents have not reached an agreement regarding the custody of their child, the district court will decide based on the child's best interests. Child support may be required from one or both parents until the child turns 18 or until the child finishes high school.
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