Kansas No Fault Divorce

A No Fault Divorce implies that the divorcing partner who applies for divorce need not furnish evidence that the other partner has committed some fault. It is sufficient to state that the divorcing couple cannot continue together. Different states in the United States have different terminology for this stage, like “irremediable breakdown”, “irreconcilable differences” and “incompatibility.” Some states specify that there must be a period of separation before the no fault divorce can be granted.

Grounds for Kansas No Fault Divorce

The marriage should have irretrievably broken down due to one of the following reasons.

• Incompatibility of temperament
• Irreconcilable differences

Residency requirements for Kansas No Fault Divorce

One of the divorcing partners must be residing in the state of Kansas for minimum sixty days just before the date on which the Petition is filed.

Some aspects of Kansas No Fault Divorce

• The court awards alimony to one of the divorcing partners in a way that it feels is equitable, just and fair
• The alimony can be paid by way of periodic payments or as a lump sum
• The payment of alimony is limited up to 121 months
• The divorcing partners are persuaded to develop an agreement regarding how the marital estate should be bifurcated. However, in cases, when they fail to reach such agreement, the court distributes the marital property
• The court considers several factors while dividing the marital property. Some of these are as follows
  • The age and health of the divorcing partners
  • The duration of the marriage
  • The current and future earning potential of the divorcing partners
  • Whether alimony has been awarded to one of the partners?
• The divorcing partners are promoted to decide the terms and conditions of child custody themselves. When they cannot come to a consensus regarding this issue, then the court makes the final decision regarding child custody
• Some of the factors that the court considers while finalizing on child custody are as follows
  • Proof of spousal abuse
  • The duration for which the child’s care has been taken by some person other than the parents
  • Interaction between the child and its siblings and its parents
  • The desires of the child
  • The readiness of one parent to develop a relation with the other
• The law of this state does not rely on “Tender Years Doctrine.” Thus, there is no assumption that the child is better placed with a parent of a particular gender
• The Income Shares Model is employed to determine child support. As per this model, the gross income of both the parents is considered while determining the actual amount
• The child support has to be offered till the child completed 18 years of age or is a high school graduate
• Usually, the visitation rights are granted to the non custodial parent

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