COMMON DIVORCE QUESTIONS IN WICHITA, KANSAS FOR DIVORCE LAWYERS

Grounds for Divorce in Sedgwick County

Parties in Kansas can get divorced when there are irreconcilable differences and there is no reasonable likelihood that the marriage can be preserved. It is not necessary to prove fault in Kansas to obtain a divorce, but fault can still impact property and debt division, as well as spousal maintenance.

Residency Requirements in Wichita, Kansas

If you are going to get divorced in the State of Kansas, either you or your wife (or both of you) must be a resident in the State of Kansas, and must have lived in the state for at least 90 days before the filing of the Petition. This action should be filed in the county where the petitioner resides. Whoever is filing for divorce should generally do so in the county in which they live. In some cases, a motion for a change of venue is a possibility.

Name of the Court and Title of the Action/Parties in Sedgwick County

Here are a few key names to note. First is the Circuit Court, where the petition for the divorce is filed. The first action is called a Petition for Dissolution of Marriage. The final action is referred to as the Decree or Judgment of Dissolution of Marriage. Depending on which party is filing the divorce, you are either called the Petitioner (the party filing for divorce) or the Respondent (the one who gets served).

Legal Separation in Wichita, Kansas

Deciding to file for a divorce is difficult for many parties. For those who may not yet be ready to take the next big step, there is another option available. Kansas divorce laws permit parties to file for a legal separation when there is a reasonable likelihood that the marriage can be saved. Many of the guidelines remain the same, regarding matters such as spousal maintenance, division of property, and child support. One or both of the parties must have resided within the State of Kansas for at least 90 days before filing this petition. It is essential to consider all options and factors before making any legally binding decisions regarding legal separation and dissolution, as a legal separation can be converted into a divorce.

Spousal Maintenance in Sedgwick County

According to Kansas divorce laws, the court may grant spousal maintenance to either party. This depends on a finding that the party that is seeking spousal maintenance is not able to support themselves and lacks sufficient property to provide for their own needs, or that the party that is seeking spousal maintenance is the guardian of a child whose condition is such that it would be inappropriate for that party to seek outside employment.

The court will take into consideration the following factors in ruling on the amount of spousal maintenance to be awarded:

• The time necessary for the spouse seeking support to acquire sufficient education or training
• The comparative earning capacity of each spouse
• The standard of living established during the marriage
• The obligations and assets of the marriage, both separate and marital
• The duration of the marriage
• The age, physical, and mental condition of the spouse seeking support
• The ability of the supporting spouse to meet both his needs and the needs of the spouse seeking support
• The conduct of the parties during the marriage
• And any other relevant factors

The order establishing spousal maintenance must also state whether the award is modifiable or non-modifiable. If the award is modifiable, the court may modify the award only upon a showing that the circumstances have changed so considerably as to make the terms unreasonable.

Distribution of Property in Wichita, Kansas

Kansas divorce laws call for an equitable distribution of assets. This means that the court will divide the marital property between the parties as it deems equitable and fair, after setting aside each party’s separate property. This essentially means that you retain what belongs to you (property you owned before the marriage), and all shared property (property you acquired during the marriage) will be divided equally between you and your ex-spouse. The court will consider the following factors in dividing the property between the parties:

• The economic circumstances of the parties at the time of the division of property
• The contribution of each spouse to the marital estate
• The value of the non-marital property set apart to each spouse
• The conduct of the parties during the marriage
• Custodial arrangements for minor children

Parenting Time/Visitation in Sedgwick County

Kansas courts will determine the issue of child custody based upon the best interests of the child. A partial list of aspects that the court will consider in determining the best interests of the child includes:

• The wishes of the parents, the need of the child for a frequent and meaningful relationship with both parents
• The interaction and interrelationship of the child with both the parents and any siblings
• The wishes of the child

Before awarding custody, the court must first consider awarding joint physical and legal custody to both parents. Suppose the court decides that joint physical and legal custody awarded to both parents is not in the child’s best interests. In that case, the court shall next consider joint physical custody, with one party being awarded sole legal custody. If that arrangement is also found not to be in the best interests of the child, the court shall next consider joint legal custody with one party granted sole physical custody. If that arrangement is not in the best interests of the child, the court would next consider sole custody to either parent or a third-party custody arrangement.

There will be no preference given to either party based upon the parent’s age, sex, or financial status, nor because of the age or sex of the child, in determining custody.

When custody of a child is at issue in a proceeding for dissolution of marriage, the court shall order the parents to attend educational classes regarding the effects of custody and dissolution of marriage upon the children. The court may also order the parents to attend an alternative dispute resolution program to resolve any disputes regarding issues of custody or visitation.

Child Support in Wichita, Kansas

As with every other domestic relations issue, the court will determine the matter of child support. The court may order either or both parties to pay an equitable amount necessary to support their child or children. Some of the factors the court will take into consideration while determining the amount of child support include:

• The financial needs and resources of the child
• The financial resources and needs of the parents
• The standard of living the child would have enjoyed had the marriage not terminated
• The child’s physical and legal custody arrangements

Legally, your liability to pay child support shall end upon the death of the child, the marriage of the child, the child entering active duty in the military, the child becoming self-sufficient, the child reaching eighteen (18) years of age, or, if the child is enrolled in a secondary school program of education, when the child reaches the age of twenty-one (21) years of age.

You may also be required to provide health insurance for your child. In addition, if you were already paying for health insurance for your children and spouse before the divorce, you are obligated to continue paying for it from the time of filing until the divorce is final (meaning you cannot cancel health insurance for your children and spouse during the divorce proceedings).

Name Change in Sedgwick County

A spouse may request a name change back to their former or maiden name. The court may grant this request during the divorce proceedings.