Nobody expects to get a divorce when they are first married, but things happen and people change. If you live in Kansas and find yourself in a difficult marriage, then you may benefit from knowing a bit more about how it works. Important things that you should know about include the grounds for divorce in Kansas, child support guidelines, and property division factors.
When you file for a petition for divorce in Kansas, you must first make sure that you have proper grounds for the divorce in the first place. In Kansas, there are a few reasons why divorce will be granted. First, there are No-fault grounds where both parties file for divorce based on incompatibility. Then there is Fault Based Grounds. This is when either of the parties fails to perform a duty of marriage or is mentally ill or incapacitated. If one of the parties is mentally ill, then he or she must meet the following criteria. The party must have been placed in an institution for at least 2 years; or, adjudication of mental illness of the spouse by a court while he or she is currently in an institution.
Child support is one of the more difficult factors in a divorce in Kansas. In the state of Kansas, child support is based on the following criteria: the income share model, percent of income model, worksheets available, extraordinary medical expenses, child care add on, and secondary education support. The income share model, for example, is determined by the amount of money that the spouse would have been able to supply should the couple had remained married.
In a divorce in Kansas, property factors are determined by the two parties in a signed agreement. The agreement will then be enforced the by the court that is presiding over the proceedings. You should know that Kansas is an equitable distribution state. Therefore, when the two parties can’t reach an agreed upon settlement, the court will distribute among both parties equally. They will do this once they have determined how much debt is held by both parties as well as what property is considered to be marital. The term ‘equitable distribution’ is a bit of a misnomer though, as the courts will determine the fair amount that each party receives. It does not necessarily mean an equal amount.
For more information about your specific situation, consult with an attorney in your area.