Facing a contested divorce in Kansas? Our experienced attorneys will guide you through every step of the legal process, ensuring you understand your rights and options.
A divorce is defined as “contested” when spouses cannot reach an agreement on one or more fundamental issues, requiring a court to intervene and make decisions. This is distinct from an uncontested divorce in Kansas, where parties submit a full settlement agreement for the court to approve. Contested cases are often the “high-conflict” situations our firm handles, where disputes over property, finances, or children are significant.
At The Bright Family Law Center, LLC, our experienced Kansas contested divorce lawyers specialize in handling contested divorce cases, offering you the legal expertise and support you need during this challenging time.
The Kansas Divorce Process: Contested vs. Uncontested
The divorce process in Kansas begins when one spouse files a “Petition for Divorce” with the court. For residents of Johnson County, for example, this petition is filed with the District Court in Olathe. To file, at least one spouse must have been a resident of Kansas for 60 days immediately preceding the filing (K.S.A. 23-2703).
If the spouses agree on all terms, they can file a joint petition for an uncontested divorce. However, a case becomes a contested divorce in Kansas if there is disagreement on any key issue, such as:
- How to divide property and debts.
- The terms of child custody and parenting time.
- The amount or duration of child support.
- The necessity or amount of spousal support (alimony).
Grounds for Divorce in Kansas
Kansas law recognizes three grounds for divorce, established under K.S.A. 23-2701.
- Incompatibility: This is the most common, “no-fault” ground. It simply states that the parties can no longer get along, and it does not require one spouse to prove the other did anything wrong.
- Failure to perform a material marital duty or obligation: This is a “fault-based” ground.
- Incompatibility by reason of mental illness or incapacity: This ground has specific and complex legal requirements.
In most contested cases, incompatibility is cited as the primary reason for the divorce, with the real dispute lying in the consequences, such as asset division, custody, and child support.
Key Issues in a Kansas Contested Divorce
The primary disagreements in a contested divorce revolve around Kansas’s statutes on property, custody, and support.
Equitable Division of Property
Kansas follows equitable distribution (not community property), meaning property is divided in a manner the court finds fair and just, not necessarily 50/50.
Under K.S.A. 23-2802, the court must consider 10 factors to determine a fair division. The divisible pot includes all property owned by the parties, including property owned prior to the marriage or acquired by inheritance. For professionals, business owners, and high-net-worth individuals in Overland Park and Leawood, this “all-property” model makes the case exceptionally complex.
Child Custody Laws in Kansas
When parents cannot agree on a “parenting plan,” a judge will decide custody based on the “best interests of the child”. Kansas law divides custody into two parts:
- Legal Custody: The right to make major decisions regarding the child’s education, healthcare, and religion.
- Physical Custody: Where the child lives primarily (residency) and the parenting time (visitation) schedule.
In high-conflict custody cases, the court may appoint a Guardian ad Litem (GAL) to represent the child’s interests. Senior divorce attorney Christi Brightâs experience as a GAL provides our firm with invaluable insight into navigating these difficult cases.
Spousal Maintenance (Alimony) in Kansas
Spousal maintenance in Kansas, also known as alimony, is a highly contested issue because there is no fixed mathematical formula.
The law is discretionary. K.S.A. 23-2902 states the court may award maintenance in an amount it finds “fair, just, and equitable under all of the circumstances”. This uncertainty creates significant risk and anxiety for high-income earners and dependent spouses in contested cases.
The Contested Divorce Litigation Process
If you are filing for a contested divorce in Kansas, the process involves several formal legal steps.
- Temporary Orders: After filing, either party may request temporary orders. These orders put temporary rules in place for child custody, support, and bill payment while the divorce is pending.
- Discovery: This is the formal process of gathering evidence. It involves exchanging financial documents, and it may include depositions or subpoenas to value complex assets, which is critical for our business-owner clients.
- Mediation: Even in a contested case, most Kansas courts, including Johnson County, will require the parties to attempt mediation to resolve their issues. For professionals, mediation offers a private, confidential setting to settle financial disputes.
- Settlement or Trial: If mediation and negotiation fail, the case will be set for a trial. At trial, both sides present evidence and testimony, and a judge makes the final, binding decisions.
Get Expert Legal Advice on Contested Divorce Laws in Kansas City
The Kansas contested divorce laws are complex, and the financial stakes are high. The outcome of a contested case depends heavily on the evidence presented and the legal strategy used. For high-net-worth individuals and professionals in areas like Stilwell, protecting complex assets, business valuations, and professional practices is paramount.
If you are facing a high-conflict divorce, you need clear, authoritative legal advice. Speak with senior divorce attorney Christi Bright at our Overland Park office to understand how these laws apply to your specific situation.
Frequently Asked Questions
What is the difference between a contested and uncontested divorce in Kansas?
A contested divorce involves disputes that require court intervention, whereas an uncontested divorce occurs when both parties agree on all terms, and the court merely approves the settlement.
How is property divided in a contested divorce in Kansas?
Kansas uses equitable distribution, meaning property is divided fairly, though not necessarily equally. The court considers various factors to determine a just division of assets and debts.
What factors does the court consider in determining child custody in a contested divorce in Kansas?
The court evaluates the best interests of the child, including the childâs relationship with each parent, the childâs needs, and each parentâs ability to meet those needs.
Can spousal maintenance (alimony) be awarded in a contested divorce in Kansas?
Yes, the court may award spousal maintenance based on factors such as the length of the marriage, each spouseâs financial situation, and the standard of living during the marriage.