The Divorce Process in Kansas

The state economy is predominantly agrarian with reasonable levels of industrialization. These factors have a crucial influence on the socioeconomic environment of the state. The conservative and liberal forces in the state seem to be vying with each other for supremacy. Kansas is a progressive state, famous for taking various legislative initiatives. It was the first state to introduce a provision for workers compensation.

In 1912, it became the first state to allow women’s suffrage. Since the 1960s, Kansas has started showing inclination towards social conservatism. In 1990, it passed laws against abortion. In 2006, the state set the minimum age of marriage to be 15 years. Kansas has a divorce rate very low as compared to the national average. In 1990, the divorce rate stood at 5.0/1000 population that gradually declined to 3.3/1000 population in the year 2004. The marriage rate in Kansas is quite high, which stood at 7.3/1000 population in 2002. The Out-of-Wedlock birth rate was 27.8% in 1998, which is low as compared to the other states. The Teen Birth Rate was also very low in 1989 i.e. 12.6%.

Kansas has very high rate of joint custody, being 43.6, a factor considered to be very important in lowering the divorce rate. In the recent years, the marriage age has been rising accompanied by a fall in the divorce rate. The median age at first marriage for men is 25.5 years and for women it is 24.5 years. The state has a high level of education with high school graduates constituting 86.0% of the population, much above the national average of 80.4%. The poverty levels are low with just 11.6% of people lying below the poverty line. All these factors create a very salubrious environment for the institution of marriage and family.

So as to file a divorce suit in a District Court in Kansas, the first requirement is to satisfy the residency requirements. In the event of a finding by the court that it lacks jurisdiction over the given case, either the case shall not be taken up by the court or it may get dismissed by the court. The residency requirements state that either of the spouses should be a resident of the state for a period of at least 60 days, just prior to the filing of the petition. A member of the armed forces stationed in Kansas for a period of at least 60 days just prior to the filing of the petition may initiate the divorce proceedings in any county subject to his or her convenience (Kansas Statutes: Chapter 60- Article 16- Subject: 1603).

Kansas law has provisions for both a fault- and no-fault divorce. The main three Kansas grounds for divorce are incompatibility, neglect of marital duties and incompatibility due to mental illness. Citing mental illness as a ground for divorce does not abjure a spouse from supporting the mentally ill spouse. In case both the spouses are suffering from mental illness, the guardian of either spouse can file for a divorce (Kansas Statutes: Chapter 60- Article 16- Subject: 1601). The court may conduct a pretrial conference or conferences and may order the two spouses or their children to avail themselves of the counseling services (Kansas Statutes: Chapter 60- Article 16- Subject: 1608, 1617).

Regarding division of property, the court divides all the property acquired by the two spouses both before and after the marriage, in an equitable manner, as deemed just and fair by it. While doing so the court takes into consideration various factors such as the age and health of the two parties, assets and liabilities of the two spouses, future prospects, maintenance provisions, tax consequences, length of marriage, etc (Kansas Statutes: Chapter 60- Article 16- Subject: 1610).

The court may grant alimony to either of the two spouses, as considered just and equitable by it. However, the court cannot grant any maintenance for a time period exceeding 121 months. The alimony may be payable in lump sum or installments (Kansas Statutes: Chapter 60- Article 16- Subject: 1610).

The child custody is decided on the basis of the best interests of the child. If the parents are in agreement regarding the custody, they are required to file a parenting plan with the court. While deciding custody, the court deliberates over various social, emotional and psychological factors. The court may award a sole physical custody, joint physical custody, sole legal custody or a joint legal custody. In exceptional cases, the custody may be awarded to a third person like a grandparent, aunt, uncle, some other relative or another person or agency (Kansas Statutes: Chapter 60- Article 16- Subject: 1610).

Regardless of the type of custody awarded, the court may order either or both the parents to pay for child support.  The child support is calculated in accordance with the Child Support Guidelines and is modifiable in the future (Kansas Statutes: Chapter 60- Article 16- Subject: 1610).                   

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