Home Family Kansas Family Law

Kansas Family Law

Kansas Family Law

Introduction:

Family law is a set of legal rules that take care of the legal relationships which the family members have among each other. These legal relationships may include aspects such as marriage, divorce, child custody, alimony, child support, etc. In this article, we will discuss the family law framework in Kansas and how it aims to provide justice and protection to the family members involved in various legal issues.

Divorce Laws in Kansas:

In Kansas, divorce is known as a “dissolution of marriage”. The most common grounds for divorce in the state are incompatibility and failure to perform marital duties. Spouses can also file for divorce based on the following grounds:

1. Abandonment: When one spouse has left the other, without any intention of returning, for more than one year.

2. Adultery: When one spouse has engaged in sexual acts outside the marriage.

3. Extreme cruelty: When one spouse has subjected the other to physical or mental abuse.

4. Impotence: When one spouse is unable to engage in sexual relations.

5. Incompatibility: When there are irreconcilable differences between the spouses.

Before filing for a divorce, the spouses must have lived in Kansas for at least 60 days. If they have children, they are required to attend a parenting class before filing for divorce. The couple can either file for a contested or an uncontested divorce. In a contested divorce, the parties disagree on one or more issues such as property division, child custody, alimony, etc. In an uncontested divorce, the parties agree on all the issues and file the divorce petition jointly.

Child Custody Laws in Kansas:

When parents go through a divorce or separation, child custody becomes a major legal issue. In Kansas, the courts make decisions about child custody based on what they believe is in the best interests of the child. The court may award legal custody, physical custody, or both, to one or both parents, depending on the circumstances of the case.

Legal Custody:
Legal custody refers to a parent’s right to make important decisions about the child’s upbringing, such as education, religious training, and medical care. In Kansas, joint legal custody is the preferred outcome, which means both parents will participate in decision-making. However, if one parent is unwilling or unable to participate, the court may award sole legal custody to the other parent.

Physical Custody:
Physical custody refers to where the child will live. In Kansas, one parent usually has primary physical custody, and the other parent has visitation rights. However, if the parents are able to agree on shared physical custody, the court will likely approve it.

Child Support Laws in Kansas:

Child support is a legal obligation of both parents to financially support their children. In Kansas, the courts use a formula to determine the amount of child support to be paid, based on factors such as:

1. The income of both parents.

2. The number of children involved.

3. The amount of parenting time each parent has.

4. The cost of health insurance and other child-related expenses.

The Kansas Child Support Guidelines provide a table that shows the recommended amount of support based on the number of children and the income of the parents. Parents who do not pay child support can face penalties such as wage garnishment, driver’s license suspension, and even jail time.

Alimony Laws in Kansas:

Alimony, also known as spousal support, is the payment made by one spouse to the other for financial support. In Kansas, either spouse can request alimony, but the court will consider factors such as the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage.

Property Division Laws in Kansas:

When a couple goes through a divorce, they must divide their property and assets. In Kansas, property is classified as either marital or separate. Marital property includes all property acquired during the marriage, and separate property includes property owned before the marriage or acquired after the date of separation. The court will divide the marital property in a way that is equitable, which means the division should be fair, but not necessarily equal.

Domestic Violence Laws in Kansas:

Domestic violence is a serious issue that can affect families and children. In Kansas, domestic violence is defined as physical, emotional, or sexual abuse committed by one family or household member against another. Protective orders can be obtained to prevent further abuse, and victims of domestic violence can seek help from the courts, law enforcement, and social service agencies. The Kansas Coalition Against Sexual and Domestic Violence provides information and resources for victims of domestic violence and their families.

Conclusion:

Family law is a complex and evolving area of law that affects families and children in many ways. The laws in Kansas provide a framework for resolving disputes and protecting the legal rights of family members. If you are facing legal issues related to family law, it is important to seek the help of an experienced family law attorney who can guide you through the legal process and help you achieve the best possible outcome.


Quick Guide to Kansas Family Laws 

Where can I find the majority of Kansas Family Laws?

You’ll have to visit the revised statutes under the Kansas Legislature in order to view a complete list of all updated family laws within the state.  Once you begin searching for Kansas family law, you’ll want to reference several different chapters depends on your need.

In this article you’ll find general information about Kansas family law about marriage requirements, divorce, adoption, child custody, and other commonly accessed areas of family law.  If you are referencing Kansas family laws for legal help, you are highly advised to consult with a family law attorney before proceeding with any settlement process.

Specific Kansas Family Laws

Some general information about sections of Kansas family law within several different chapters is listed below:

Chapter 23 Kansas Family Law-Revised

This chapter provides prerequisites for a valid marriage, as well as who cannot marry in the state of Kansas.  This chapter also contains information on Kansas family laws for licenses and other contracts (§23-2506 specifically), as well as who is legally allowed to solemnize a marriage.

Chapter 23 Article 27

This chapter of Kansas family law is one of the most frequently accessed chapters under the Kansas Legislature.  This specific article covers general grounds for divorce, and other articles cover property division (§23-28), methods of payment for spousal support (§23-29), and much more.  There are multiple other sections of statute that may prove helpful in divorce proceedings

Chapter 59 Article 21

This chapter and article of Kansas family law provides general provisions for adoption such as who may adopt a child, information about petitions, financial disclosures, investigative procedures from a child-placing agency, and much more.  If you are searching laws for legal advice on adoptions within Kansas family law, talk to an attorney right away.

Chapter 23 Article 30-31

These articles of Kansas family law provide detailed information about conditions for child support and child custody.  The Uniform Interstate Family Support Act is located under Article 9 as well, and there are many more articles that address conditions for child support and custody.  For more information about child custody, talk with your family law attorney.

How to Search Kansas Family Law

Consider the follow search techniques while researching Kansas family laws.  These search techniques will work for this website as well.

1. Stemming- this technique includes adding suffixes onto your search, such as divorces, divorcing, divorced, or more

2. Wildcards- a wildcard allows you to search multiple words using an asterisk, and adopt* will usually bring you to adopted, adoption, adopting, adoptive, adoptable, and more.

3. Missing variables- you can search for a missing variable with a question mark, and wom?n will bring results associated with woman, women, and more

4. Boolean Operators- you should always consider using and, or, and not to limit your searches as well

Of course, searching for a specific term will limit your search within Kansas family laws and bring you closer to what you’re looking for, but if you’re having trouble finding a term, you can use the methods above.