Kansas Family Law

Kansas laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Kansas State Statute
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment Kansas 23-2802
i. Periera and Van Camp in CA
b. Property distribution factors 23-2802( c):In making the division of property the court shall consider: (1) The age of the parties; (2) the duration of the marriage; (3) the property owned by the parties; (4) their present and future earning capacities; (5) the time, source and manner of acquisition of property; (6) family ties and obligations; (7) the allowance of maintenance or lack thereof; (8) dissipation of assets; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; and (10) such other factors as the court considers necessary to make a just and reasonable division of property.
4. Legal separation? Yes
a. Waiting period/Separation period 60 days
5. Is mediation required No
6. Forms used Divorce Papers
7. Alimony guidelines and factors None: case by case.
Alimony formula None
a. Types
b. Term Limits Not in excess of 121 months, can apply again for another 121 months.
Cohabitation
c. Imputing income Yes
d. Change in circumstances Substantial change in circumstances
e. Ceases on retirement Substantial change in circumstances
Impute income on early retirement
Early retirement for health reasons is involuntary
f. Definition of income Not defined
8. Child support factors and guidelines
9. Child support calculator Child Support Calculator
10. Lump Sum  Support allowed? Annotated Section 60-1610(b)(2)
11. Valuation
a. Valuation date Complaint
b. Goodwill divisibility "Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Kansas Kan. Stat. Ann. Section 23-2801(a):
All property owned by married persons, including the present value of any vested or unvested military retirement pay, or, for divorce or separate maintenance actions commenced on or after July 1, 1998, professional goodwill to the extent that it is marketable (emphasis added) for that particular professional, ... shall become marital property at the time of commencement by one spouse against the other ..."
c. Standard of value Fair market value
d. Discounts
e. Shareholder/partner agreements
 12. Double dip  Impermissable double dip, not issue because personal goodwill not divisible
 a. Stock options  
 b. Retirement accounts  n re Marriage of Gra- ham, 202 P.3d 109 (Kan. Ct. App. 2009)
 c. Child support
 13. Key cases  
 14. Premarital agreements  "Uniform Pre-Marital Agreement Act adopted.  Parties to a premarital
agreement may contract with respect to all of the following the modification or elimination of spousal support KS ST 23-804"
 15. Common law  


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