Divorce in Kansas: everything you need to know
Discover more about what you need to consider when going through a divorce in the state of Kansas.
Summary
There are two types of divorce in Kansas – fault-based and no-fault.
The average cost of a divorce in Kansas is $11,300, with $8,600 of that being attorney's fees.
Kansas does not have a mandatory separation period for divorce.
A financial advisor can help you navigate your finances during a divorce and rebuild afterward.
What are the different types of divorce in Kansas?
Kansas is an at-fault and no-fault-based divorce state:
A fault-based divorce is when one spouse accuses the other of committing a specific wrongdoing that caused the breakdown of the marriage, such as adultery, abuse, abandonment, or felony conviction.
A no-fault divorce is when both spouses agree that the marriage is irretrievably broken and there is no hope of reconciliation.
The type of divorce you choose can affect the duration, cost, and outcome of your case.
A fault-based divorce usually requires more evidence, litigation, and conflict, which can prolong the process and increase the expenses.
Whereas a no-fault divorce can be faster, cheaper, and more amicable, especially if you and your spouse can reach an agreement on the main issues of your divorce, such as property division, alimony, child custody, and child support. This is known as an uncontested divorce.
If you and your spouse cannot agree on these issues, you will have a contested divorce, which will require the intervention of a judge or a mediator to resolve the disputes.
How much does a divorce cost in Kansas?
According to a survey by Martindale-Nolo Research, the average cost of a divorce in Kansas is $11,300, with $8,600 of that being attorney's fees.
However, this is only an estimate, and the actual cost of your divorce may vary widely depending on your specific situation.
For example, an uncontested divorce with no children and minimal assets may cost as little as $500, while a contested divorce with children and complex assets may cost tens of thousands of dollars.
There are some ways you can reduce the cost of your divorce, such as:
Choosing an uncontested divorce, if possible
Negotiating and compromising with your spouse on the main issues of your divorce
Using mediation or arbitration instead of litigation to resolve your disputes
Representing yourself in court, if you feel confident and comfortable doing so
Seeking legal assistance from low-cost or pro bono services if you qualify
How do you file for divorce in Kansas?
To file for divorce in Kansas, you or your spouse must meet the following requirements:
You must be a resident of Kansas for at least 60 days before filing.
You must file a petition for divorce in the district court of the county where you or your spouse live.
You must pay a filing fee, which varies depending on the county but is typically around $173.
You must serve a copy of the petition and a summons to your spouse, either personally or by mail unless you and your spouse file jointly.
Unless there are exceptional circumstances, you must wait at least 60 days after filing for divorce before the court can grant it.
Alongside your petition for divorce, you may also need to attach other documents, including:
A domestic relations affidavit lists your income, expenses, assets, and debts
A parenting plan that outlines your proposed arrangements for child custody and visitation
A child support worksheet, which calculates the amount of child support you or your spouse will pay
A settlement agreement, if you and your spouse have reached one
How do you split assets in a divorce in Kansas?
Kansas follows the principle of equitable distribution, which means that the court will divide your marital property and liabilities fairly, but not necessarily equally, based on several factors.
These factors include:
The duration of the marriage
The age, health, and earning capacity of each spouse
The contribution of each spouse to the acquisition, improvement, or preservation of the marital property
The income and financial needs of each spouse
The tax consequences of the property division
Any other relevant factors
Marital property is generally any property that you or your spouse acquired during the marriage, regardless of whose name it is in.
This may include real estate, vehicles, bank accounts, investments, retirement accounts, businesses, furniture, jewelry, and more.
However, there are some exceptions, such as property that you or your spouse inherited, received as a gift, or owned before the marriage, as long as you kept it separate from the marital property. This is known as separate property, and it usually remains with the original owner after the divorce.
How does alimony work in Kansas?
Alimony is not automatically granted in Kansas. The court may award alimony to either spouse if it finds that it is fair and reasonable, based on several factors, including the duration of the marriage, the financial resources of each spouse, and each spouse's conduct during the marriage.
The amount and duration of alimony will depend on the circumstances of each case.
You and your spouse can also agree on alimony through a marital settlement agreement, which can specify the amount, duration, and terms of alimony.
What happens to children during a divorce in Kansas?
If you have minor children, you and your spouse will need to agree on a parenting plan that outlines how you will share custody, visitation, and decision-making.
There are two types of custody: legal and physical.
Legal custody is the right to make major decisions about the children’s upbringing, while physical custody is the right to have the children live with you.
Depending on what is best for the children, you and your spouse can share joint legal and physical custody, or one of you can have sole legal and physical custody.
If you and your spouse cannot agree on a parenting plan, the court will decide what is in the best interests of the children.
The court will also order child support, which is a payment that one parent makes to the other to help cover the costs of raising the children.
Child support is calculated using a formula that considers both parents’ incomes and expenses, as well as the needs of the children.
The formula takes into account factors such as:
The number of children
The amount of time that each parent spends with the children
The cost of health insurance, medical expenses, child care, education, and other special needs
The tax implications of the child support payments
Any other relevant factors
How to protect your finances when going through a divorce in Kansas
Going through a divorce can be a financially challenging period.
Here's a guide to protecting your financial well-being during this turbulent time:
Get organized with your finances: Before initiating divorce proceedings, gather all of your relevant financial documentation, including tax returns, bank statements, credit card records, and retirement account statements. Compile a thorough inventory of both marital and non-marital assets and debts. This groundwork will lay the foundation for fair negotiations regarding property and debt division with your spouse.
Consider mediation as an option: Mediation offers a collaborative approach to resolving divorce-related issues. Compared to traditional litigation, mediation often proves to be less time-consuming, less costly, and less emotionally taxing.
Explore potential Social Security benefits: If your marriage lasted for at least a decade, you may be eligible to receive Social Security benefits based on your former spouse's work record. This additional income can be particularly beneficial during retirement, especially if your ex-partner has a higher income. However, eligibility requirements must be met to access these benefits.
Seek professional financial guidance: Consider consulting with a financial advisor specializing in divorce matters. Their expertise can provide invaluable assistance in navigating the complexities of this transition, ensuring that you're well-equipped to plan effectively for your financial future.
Get expert financial advice
A financial advisor can help you assess your current financial status, create a post-divorce budget, and develop a long-term financial plan that aligns with your needs and goals.
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