Everything You Should Know About Divorce in Wichita

Understanding Divorce in Wichita

In Kansas, couples can end a marriage when irreconcilable differences exist, and there is little chance of reconciliation. Kansas is a no-fault divorce state, so you don’t need to prove wrongdoing. However, evidence of misconduct may still influence decisions about spousal maintenance, property division, or debt allocation.

Who Can File for Divorce in Kansas

To file in Wichita or anywhere in Kansas, at least one spouse must have lived in the state for 90 days before filing. Typically, divorces are filed in the county where the filing spouse resides. In special cases, a change of venue may be requested.

Divorce Court Process in Sedgwick County

Divorces in Sedgwick County proceed through the Circuit Court. The process begins with a Petition for Dissolution of Marriage and concludes with a Decree of Divorce. The spouse filing is called the Petitioner, while the other spouse is the Respondent.

Options Beyond Divorce: Legal Separation

If ending the marriage immediately isn’t the right choice, Kansas allows couples to pursue legal separation. This lets spouses live apart while addressing child support, property division, and spousal maintenance. Legal separation can later be converted into a divorce if needed.

Spousal Support Considerations

Courts may award spousal maintenance when a spouse cannot meet their financial needs or is caring for a dependent child. Factors the court evaluates include:

• Time needed to gain job skills or education
• Relative earning potential of each spouse
• Lifestyle established during the marriage
• Marital and separate property
• Length of the marriage
• Age and health of the spouse requesting support
• Ability of the paying spouse to meet obligations
• Conduct during the marriage
• Other relevant circumstances

Support may be modifiable if circumstances change significantly, or non-modifiable if the court sets it as fixed.

Dividing Property Fairly

Kansas follows equitable distribution, meaning marital assets are divided fairly, not necessarily equally. Each spouse keeps their separate property, and marital property is allocated considering:

• Financial circumstances of each spouse
• Contributions to the marital estate
• Value of non-marital property assigned to each spouse
• Behavior during the marriage
• Parenting and custody arrangements

Child Custody and Parenting Time

Custody decisions prioritize the child’s best interests, including:

• Relationships with both parents and siblings
• Parental preferences
• Child’s own wishes

Courts typically consider joint physical and legal custody first. If that isn’t suitable, alternatives include joint physical with sole legal custody, joint legal with sole physical custody, or sole custody to one parent or a third party. Custody decisions are not influenced by the age, gender, or financial status of the parents.

Parents may be required to participate in educational programs about custody or use alternative dispute resolution to resolve conflicts.

Determining Child Support

Child support is calculated based on the child’s needs, parents’ financial resources, and the standard of living the child would have experienced if the marriage had continued. Support generally ends when the child:

• Turns 18 (or 21 if still in school)
• Marries
• Becomes financially independent
• Enlists in active military service
• Passes away

Parents may also be required to maintain health insurance for their children, including existing coverage, until the divorce is finalized.

Name Changes During Divorce

A spouse may request to return to a maiden or former name as part of the divorce. The court will review and approve this request in the final decree.