How long do you have to live in the State of Kansas before you are able to file for divorce?
Pursuant to Kansas Law you must be a resident of the State of Kansas for at least sixty
( 60 ) days prior to filing a petition for divorce.
What constitutes Common Law Marriage?
Common Law Marriage is recognized in the State of Kansas as being an agreement between two persons who consider themselves to be married and publicly hold themselves out to be married. This agreement between the two persons is without any formal ceremony of license and both need to be legally eligible to marry. There is no minimum period of cohabitation required.
What is the difference between joint custody and sole custody?
The Court is going to determine the custody and residency based upon what is in the best interest of the child ( ren ). The Kansas Law ( K.S.A. 60 - 1610 ) sets out that in joint legal custody "the parties shall have equal rights to make decisions in the best interests of the child". The Court does have the option of ordering sole custody in that it is not in the best interest of the child ( ren ) that both parties have equal rights to make decisions. It is only after the Court make specific findings of fact that the Court would order sole custody. In my 30+ years of experience in the domestic courts, rarely have I seen the Court order sold custody.
How is child support determined?
The Court is required to "make provisions for the support and education of the minor children". The amount of child support normally is calculated by using the Kansas Child Support Guidelines. A copy of the Kansas Child Support Guidelines can be found on the Kansas Judicial Branch website at 111.kscourts.org. The Court retains jurisdiction to modify the current child support figure based upon a material change in circumstances, such as one parent having a loss or increase in income. There are numerous factors that are considered in setting child support. Please contact my office for further explanation of the Kansas Child Support Guidelines.
How long does the divorce process take?
Unless the state of emergency is declared by the Court, a divorce cannot be heard by the Court until at least 60 days has passed since the filing of the Petition for Divorce. If the divorce case becomes contested the time for a divorce to become final depends on the complexity of the issues, the Court's trial calendar and willingness of the parties to continue to negotiate in good faith toward a fair resolution.
**These questions are based on Kansas Law and are to provide general public information, not specific legal advice. The facts involved in each case determine the application of the law.**
