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Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.

LEGAL SEPARATION:

A legal separation may be granted on the same grounds as a divorce, and may contain provisions detailing how matters will be handled during the separation, including provisions relating to a parenting plan. Any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court. A separation agreement may be incorporated into a divorce decree if the court finds it to be valid, just, and equitable.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce, either spouse must be a resident of the state for a least 60 days before filing. The divorce petition should be filed with the district court in the county where either spouse resides.

LEGAL GROUNDS FOR DIVORCE: A divorce or separation may be based on the following grounds:

1. Incompatibility;

2. a failure to perform a material marital duty or obligation; or

3. established mental illness or mental incapacity of one or both spouses.

LEGAL SEPARATION: A legal separation may be granted on the same grounds as a divorce, and may contain provisions detailing how matters will be handled during the separation, including provisions relating to a parenting plan. Any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court. A separation agreement may be incorporated into a divorce decree if the court finds it to be valid, just, and equitable. [Based on Kansas Statutes 60-16-1601]

MEDIATION OR COUNSELING REQUIREMENTS: Parents may be required to attend parent education classes, and if they are unable to come to an agreement concerning parental responsibilities, the court may require mediation, unless mediation would be inappropriate in the particular case. [Based on KS Statutes 60-16-1626]

PROPERTY DISTRIBUTION: Kansas is an equitable distribution state, meaning that the property will be distributed in an equitable fashion if the parties can't reach an agreement. The court shall consider the following factors when dividing marital property:

* the age of the parties;

* the duration of the marriage;

* the property owned by each party;

* each spouse's present and future earning capacities;

* how the property was acquired;

* family ties and obligations;

* the allowance of maintenance or lack thereof;

* dissipation of assets;

* the tax consequences of the property division upon the respective economic circumstances of the parties;

* and such other factors as the court considers necessary to make a just and reasonable division of property.

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Spousal maintenance may be awarded to either spouse in an amount the court finds to be fair, just and equitable under all of the circumstances. Maintenance may be awarded as a lump sum, in periodic payments, on a percentage of earnings, and the court may not award maintenance for a period of time in excess of 121 months. If the original decree contains provisions empowering the court to hear subsequent motions, and such motions are filed before the termination of 121 months, then the court may extend maintenance for a period of no more than 121 months.

SPOUSE'S NAME: The court shall order the restoration of that spouse's maiden or former name upon the request of that spouse.

KANSAS CHILD CUSTODY LAWS: Either parent may be awarded custody. If custody is disputed, it shall than be decided by the court based on the best interests of the child, taking the following factors into consideration:

1. The desires of the parents in relation to custody;

2. The desires of the child concerning custody;

3. The interaction and interrelationship of the child with parents;

4. The child’s adjustment to the child’s home, school and community;

5. The willingness and ability of each parent to respect and encourage the bond between child and other parent;

6. Evidence of spousal or child abuse either by the parent or someone with whom the parent resides;

7. Whether a parent or someone with whom a parent resides is subject to Offender Registration. [Based on Kansas Statutes 60-16-1610]

CHILD SUPPORT: Regardless of the custody arrangements ordered by the court, the court may order the child support and education expenses to be paid by either or both parents. In determining the amount of child support, the court shall use the Kansas child support guidelines. Child support terminates at age 18 unless, the parents reach a written agreement to extend support, the child turns 18 before completing from high school.

CHILD SUPPORT IN THE STATE OF KANSAS – THE FEDERAL OPTION

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

IS A LAWYER NECESSARY FOR MY CASE?

If the marriage was less then a year, you have no children, if there is no real estate, and if a marital settlement has been reached, the spouses may and should consider a fast and simplified divorce solution.

No person seeking a divorce is actually required by law to use an attorney. If a person does plan to represent themselves (not recommended) during the proceedings, they should not expect the court clerks, bailiff and/or judge to assist them or provide legal advice in any way. Most spouses do however, at least at some point, consult with an attorney before proceeding with doing the divorce themselves.

Under most circumstances, a lawyer is ethically prohibited from representing both parties in a case. This is called a legal conflict of interest. Lawyers should only represent one party. Notwithstanding, in practice many people choose to have just one lawyer handle most of the paperwork such as the legal documents, including a separation agreement. In this situation, you must keep in mind that the lawyer who drafted the documents should and usually is only be representing one party. In some states, they follow a collaborative divorce process in which the mediator/lawyer works with both parties to achieve one common goal: to reach agreement on settlement of the issues and to have that agreement reduced to a writing and then into a court order.

Most lawyers do not charge a flat fee for a divorce unless the divorce is very simple, and both parties have agreed to the division of property and custodial issues at the outset. Instead, a lawyer will usually request a cash retainer from the client, not unlike a security deposit and charge for the lawyer’s time as the case moves forward. The amount of lawyer fees is one very important factor to consider. However you should also take into account the attorney’s legal experience and the complexity of the case. Lawyers are prohibited from charging a contingent fee for a divorce. Once a fee arrangement has been made, the lawyer is in most cases must prepare a written contract reflecting the agreement if full.

If there is a great disparity of income with regards to payment of the attorney fees, a judge may determine that one person should pay for the other person’s attorney fees. Most often however, a judge determines that each party has the ability and should to pay his or her own fees.

CHOOSING THE RIGHT FAMILY LAWYER

If you have decided to go with a lawyer you have a very important choice to make.

You could think of the process of choosing a lawyer like any other significant purchase. The same kind of careful and methodical considerations you put into a major purchase is not unlike the kinds of considerations you need to make when you are looking for the right divorce and family lawyer.

Before you start, you’ll need to choose what qualities you want in your family lawyer. There are a number of qualities that you should expect your lawyer to have.

These basic qualities include:

Good standing with their state bar: In other words, the bar association which licenses the attorneys in your state considers this lawyer is fit to practice law.

No disciplinary sanctions: A disciplinary sanction is an action taken against a lawyer by the state agency that regulates lawyers. If a lawyer has a sanction, be sure to investigate, taking into account the severity of the sanction and how long ago it occurred. A sanction can be a minor reprimand, or it can be a very serious punishment like suspension or disbarment from practicing law.

Experience with cases like yours: Most lawyers concentrate in a few areas of the law such as adoption and mediation. Once you know what these areas are, it’s easier to find lawyers with the experience and skills that are relevant to your situation.

Good communication skills: Regardless of your family law case issues, you want someone who keeps you informed and stays in touch, every step of the way. Legal matters can be confusing and your attorney is your advocate and guide. Don’t settle for anything less.

Once you’ve covered the basics, you may think of other qualities you’d like your lawyer to have. A few questions to consider:

Is this lawyer’s office convenient to your home or office?

How much does the lawyer charge?

GET CURRENT WITH THE FAMILY LAW CODE FOR KANSAS:

http://www.kslegislature.org/legsrv-statutes/index.do