Family Law
Scope
Kansas marriage, divorce, property division, maintenance, child custody and support, adoption, and paternity.
Core rules
- Kansas grants divorce on no-fault grounds, including incompatibility; a petition must meet residency requirements, generally 60 days in Kansas before filing unless the marriage occurred in Kansas or the parties resided in Kansas.
- Property division is equitable, not necessarily equal, under K.S.A. 23-2801; the court classifies marital and separate property and considers contributions, duration, and circumstances.
- Maintenance under K.S.A. 23-2902 considers income, needs, duration, age, health, and the parties' standard of living; it is not automatic.
- Child custody is decided by the best interests of the child under K.S.A. 23-3203; Kansas child support follows the guidelines under K.S.A. 23-3001.
- Common-law marriage may be recognized if the parties have capacity, a present agreement to be married, cohabitation, and hold themselves out publicly.
Worked example
Spouse A has a $60,000 retirement account earned during the marriage; Spouse B has a $20,000 inheritance kept separate. The court may divide the retirement account equitably but generally does not divide the inheritance unless it was commingled or transformed into marital property.
Traps
Assuming equal division is required; treating maintenance as automatic; ignoring the child-support guidelines; and calling all property acquired during marriage marital without tracing.