Divorce
Frequently Asked Questions
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| Q:
May Alimony be Ordered? |
| A:
The courts may award alimony to either spouse. Alimony
may be periodic, lump sum, based upon a percentage
of earnings or any other basis. The award may be
any amount determined by the court to be fair and
equitable. The court may not award alimony for a
period of time in excess of 121 months. After the
expiration of the original 121-month period, a party
may petition the court to extend alimony for an
additional period not to extend 121 months. |
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| Q:
How is the Distribution of Property Handled? |
| A:
Kansas is an equitable distribution state. This
means that the court will divide marital property
between the parties as it deems equitable and just,
after setting aside to each spouse the separate
property of each. Some of the factors the court
considers in dividing the property between the parties
include: |
- The
age of the parties.
- The
duration of the marriage.
- The
property owned by the parties.
- The
parties present and future earning capacities.
- The
time, source and manner of acquisition of the
property.
- Family
ties and obligations.
- The
allowance of maintenance or lack thereof.
- Dissipation
of assets.
- The
tax consequences of the parties.
- Other
such factors as the court considers necessary
for just and equitable distribution of property.
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| Q:
How is Child Custody to be Determined? |
| A:
Kansas courts will decide the issue of custody based
upon the best interests of the child. In determining
the best interests of the child, the court will
consider: |
- The
length of time the child has been under the
actual care and control of any person other
than a parent and the circumstances thereto.
- The
desires of the child.
- The
interaction and interrelationship of the child
with parents.
- The
child’s adjustment to the child’s
home, school and community.
- The
willingness and ability of each parent to respect
and appreciate the bond between child and other
parent.
- Evidence
of spousal abuse.
- The
court may order joint or sole legal custody
and may set up residency plans which provide
for sole or joint physical custody, based upon
the best interests of the child. The preferred
custodial arrangement in Kansas is joint custody,
and there is no parental preference for either
party.
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| Q:
How is Child Support Calculated? |
| A:
In a proceeding for dissolution of marriage or legal
separation, the court may order either or both parties
to pay a reasonable amount necessary for the support
of a child of the marriage. Child support is based
upon the parents’ income and the needs of
the child(ren). A formula is used, and a presumed
amount is calculated, from which the parties may
deviate somewhat.
The Kansas legislature has established
child support guidelines which establish the presumptive
correct amount of child support. Deviation from
the guidelines require a specific finding by the
court that application of the guidelines would
be unjust or inappropriate and such findings must
be included in the judgment.
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| Q:
What About Counseling or Mediation? |
| A:
The court may order that either or both parties
to a divorce action and/or their children be interviewed
by a court-approved counselor to determine whether
counseling is needed with regard to custody, residency,
visitation or parenting time. The court may order
either or both parents to attend parent education
classes and may also order mediation of the parents
are unable to resolve issues and agree to a parenting
plan. |
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| Q:
May I Have My Name Changed Back to My Maiden Name? |
| A:
Yes, the court, upon granting a final judgment of
divorce, may allow a party to resume the use of
their former name. |
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