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60-1601. Grounds for divorce or separate maintenance.
(a) The district court shall grant a decree of divorce or separate
maintenance for any of the following grounds: (1) Incompatibility; (2)
failure to perform a material marital duty or obligation; or (3)
incompatibility by reason of mental illness or mental incapacity of one or
both spouses.
(b) The ground of incompatibility by reason of mental illness or mental
incapacity of one or both spouses shall require a finding of either: (1)
Confinement of the spouse in an institution by reason of mental illness for
a period of two years, which confinement need not be continuous; or (2) an
adjudication of mental illness or mental incapacity of the spouse by a court
of competent jurisdiction while the spouse is confined in an institution by
reason of mental illness. In either case, there must be a finding by at
least two of three physicians, appointed by the court before which the
action is pending, that the mentally ill or mentally incapacitated spouse
has a poor prognosis for recovery from the mental illness or mental
incapacity, based upon general knowledge available at the time. A decree
granted on the ground of incompatibility by reason of mental illness or
mental incapacity of one or both spouses shall not relieve a party from
contributing to the support and maintenance of the mentally ill or mentally
incapacitated spouse. If both spouses are confined to institutions because
of mental illness or mental incapacity, the guardian of either spouse may
file a petition for divorce and the court may grant the divorce on the
ground of incompatibility by reason of mental illness or mental incapacity.
History: L. 1963, ch. 303, 60-1601; L. 1965, ch. 354, § 14; L. 1967, ch.
327, § 1; L. 1969, ch. 286, § 1; L. 1982, ch. 152, § 1; Jan. 1, 1983.
60-1603. Residence.
(a) State. The petitioner or respondent in an action for divorce must have
been an actual resident of the state for 60 days immediately preceding the
filing of the petition.
(b) Military residence. Any person who has been a resident of or stationed
at a United States post or military reservation within the state for 60 days
immediately preceding the filing of the petition may file an action for
divorce in any county adjacent to the post or reservation.
(c) Residence of spouse. For the purposes of this article, a spouse may have
a residence in this state separate and apart from the residence of the other
spouse.
History: L. 1963, ch. 303, 60-1603; L. 1969, ch. 287, § 1; L. 1974, ch. 241,
§ 1; L. 1982, ch. 152, § 3; Jan. 1, 1983.
...For further information, please refer to the Kansas Statutes - Chapter
60, Article 16
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Child Support
60-1610. Decree; authorized orders. A decree in an
action under this article may include orders on the following matters:
(abbreviated)
(a) Minor children. (1) Child support and education. The court shall make
provisions for the support and education of the minor children. The court
may modify or change any prior order, including any order issued in a title
IV-D case, within three years of the date of the original order or a
modification order, when a material change in circumstances is shown,
irrespective of the present domicile of the child or the parents. If more
than three years has passed since the date of the original order or
modification order, a material change in circumstance need not be shown. The
court may make a modification of child support retroactive to a date at
least one month after the date that the motion to modify was filed with the
court. Any increase in support ordered effective prior to the date the
court's judgment is filed shall not become a lien on real property pursuant
to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
custodial arrangement ordered by the court, the court may order the child
support and education expenses to be paid by either or both parents for any
child less than 18 years of age, at which age the support shall terminate
unless: (A) The parent or parents agree, by written agreement approved by
the court, to pay support beyond the time the child reaches 18 years of age;
(B) the child reaches 18 years of age before completing the child's high
school education in which case the support shall not terminate
automatically, unless otherwise ordered by the court, until June 30 of the
school year during which the child became 18 years of age if the child is
still attending high school; or (C) the child is still a bona fide high
school student after June 30 of the school year during which the child
became 18 years of age, in which case the court, on motion, may order
support to continue through the school year during which the child becomes
19 years of age so long as the child is a bona fide high school student and
the parents jointly participated or knowingly acquiesced in the decision
which delayed the child's completion of high school. The court, in extending
support pursuant to subsection (a)(1)(C), may impose such conditions as are
appropriate and shall set the child support utilizing the guideline table
category for 16-year through 18-year old children. Provision for payment of
support and educational expenses of a child after reaching 18 years of age
if still attending high school shall apply to any child subject to the
jurisdiction of the court, including those whose support was ordered prior
to July 1, 1992. If an agreement approved by the court prior to July 1,
1988, provides for termination of support before the date provided by
subsection (a)(1)(B), the court may review and modify such agreement, and
any order based on such agreement, to extend the date for termination of
support to the date provided by subsection (a)(1)(B). If an agreement
approved by the court prior to July 1, 1992, provides for termination of
support before the date provided by subsection (a)(1)(C), the court may
review and modify such agreement, and any order based on such agreement, to
extend the date for termination of support to the date provided by
subsection (a)(1)(C). For purposes of this section, "bona fide high school
student" means a student who is enrolled in full accordance with the policy
of the accredited high school in which the student is pursuing a high school
diploma or a graduate equivalency diploma (GED). In determining the amount
to be paid for child support, the court shall consider all relevant factors,
without regard to marital misconduct, including the financial resources and
needs of both parents, the financial resources and needs of the child and
the physical and emotional condition of the child. Until a child reaches 18
years of age, the court may set apart any portion of property of either the
husband or wife, or both, that seems necessary and proper for the support of
the child. Except for good cause shown, every order requiring payment of
child support under this section shall require that the support be paid
through the central unit for collection and disbursement of support payments
designated pursuant to K.S.A. 23-4,118, and amendments thereto. A written
agreement between the parties to make direct child support payments to the
obligee and not pay through the central unit shall constitute good cause,
unless the court finds the agreement is not in the best interest of the
child or children. The obligor shall file such written agreement with the
court. The obligor shall maintain written evidence of the payment of the
support obligation and, at least annually, shall provide such evidence to
the court and the obligee. If the divorce decree of the parties provides for
an abatement of child support during any period provided in such decree, the
child support such nonresidential parent owes for such period shall abate
during such period of time, except that if the residential parent shows that
the criteria for the abatement has not been satisfied there shall not be an
abatement of such child support.
History: L. 1963, ch. 303, 60-1610; L. 1965, ch. 355, § 6; L. 1975, ch. 305,
§ 1; L. 1976, ch. 256, § 1; L. 1978, ch. 231, § 30; L. 1979, ch. 185, § 1;
L. 1980, ch. 175, § 2; L. 1981, ch. 236, § 1; L. 1982, ch. 152, § 9; L.
1983, ch. 199, § 1; L. 1985, ch. 144, § 6; L. 1985, ch. 115, § 48; L. 1986,
ch. 218, § 1; L. 1986, ch. 219, § 1; L. 1986, ch. 137, § 25; L. 1988, ch.
215, § 1; L. 1991, ch. 171, § 2; L. 1992, ch. 273, § 2; L. 1995, ch. 268, §
2; L. 1996, ch. 186, § 2; L. 1997, ch. 182, § 4; L. 1998, ch. 162, § 3; L.
2000, ch. 171, § 15; L. 2001, ch. 195, § 7; L. 2005, ch. 154, § 2; July 1.
...For further information, please refer to the Kansas Statutes - Chapter
60, Article 16
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60-1610. Decree; authorized orders. A decree in an
action under this article may include orders on the following matters:
(abbreviated)
(2) Child custody and residency.
(A) Changes in custody. Subject to the provisions of the uniform child
custody jurisdiction and enforcement act (K.S.A. 38-1336 through 38-1377,
and amendments thereto), the court may change or modify any prior order of
custody, residency, visitation and parenting time, when a material change of
circumstances is shown, but no ex parte order shall have the effect of
changing residency of a minor child from the parent who has had the sole de
facto residency of the child to the other parent unless there is sworn
testimony to support a showing of extraordinary circumstances. If an
interlocutory order is issued ex parte, the court shall hear a motion to
vacate or modify the order within 15 days of the date that a party requests
a hearing whether to vacate or modify the order.
(B) Examination of parties. The court may order physical or mental
examinations of the parties if requested pursuant to K.S.A. 60-235 and
amendments thereto.
(3) Child custody or residency criteria. The court shall determine custody
or residency of a child in accordance with the best interests of the child.
(A) If the parties have entered into a parenting plan, it shall be presumed
that the agreement is in the best interests of the child. This presumption
may be overcome and the court may make a different order if the court makes
specific findings of fact stating why the agreed parenting plan is not in
the best interests of the child.
(B) In determining the issue of child custody, residency and parenting time,
the court shall consider all relevant factors, including but not limited to:
(i) The length of time that the child has been under the actual care and
control of any person other than a parent and the circumstances relating
thereto;
(ii) the desires of the child's parents as to custody or residency;
(iii) the desires of the child as to the child's custody or residency;
(iv) the interaction and interrelationship of the child with parents,
siblings and any other person who may significantly affect the child's best
interests;
(v) the child's adjustment to the child's home, school and community;
(vi) the willingness and ability of each parent to respect and appreciate
the bond between the child and the other parent and to allow for a
continuing relationship between the child and the other parent;
(vii) evidence of spousal abuse;
(viii) whether a parent is subject to the registration requirements of the
Kansas offender registration act, K.S.A. 22-4901, et seq., and amendments
thereto, or any similar act in any other state, or under military or federal
law;
(ix) whether a parent has been convicted of abuse of a child, K.S.A.
21-3609, and amendments thereto;
(x) whether a parent is residing with an individual who is subject to
registration requirements of the Kansas offender registration act, K.S.A.
22-4901, et seq., and amendments thereto, or any similar act in any other
state, or under military or federal law; and
(xi) whether a parent is residing with an individual who has been convicted
of abuse of a child, K.S.A. 21-3609, and amendments thereto.
(C) Neither parent shall be considered to have a vested interest in the
custody or residency of any child as against the other parent, regardless of
the age of the child, and there shall be no presumption that it is in the
best interests of any infant or young child to give custody or residency to
the mother.
(D) There shall be a rebuttable presumption that it is not in the best
interest of the child to have custody or residency granted to a parent who:
(i) Is residing with an individual who is subject to registration
requirements of the Kansas offender registration act, K.S.A. 22-4901, et
seq., and amendments thereto, or any similar act in any other state, or
under military or federal law; or
(ii) is residing with an individual who has been convicted of abuse of a
child, K.S.A. 21-3609, and amendments thereto.
(4) Types of legal custodial arrangements. Subject to the provisions of this
article, the court may make any order relating to custodial arrangements
which is in the best interests of the child. The order shall provide one of
the following legal custody arrangements, in the order of preference: (A)
Joint legal custody. The court may order the joint legal custody of a child
with both parties. In that event, the parties shall have equal rights to
make decisions in the best interests of the child.
(B) Sole legal custody. The court may order the sole legal custody of a
child with one of the parties when the court finds that it is not in the
best interests of the child that both of the parties have equal rights to
make decisions pertaining to the child. If the court does not order joint
legal custody, the court shall include on the record specific findings of
fact upon which the order for sole legal custody is based. The award of sole
legal custody to one parent shall not deprive the other parent of access to
information regarding the child unless the court shall so order, stating the
reasons for that determination.
(5) Types of residential arrangements. After making a determination of the
legal custodial arrangements, the court shall determine the residency of the
child from the following options, which arrangement the court must find to
be in the best interest of the child. The parties shall submit to the court
either an agreed parenting plan or, in the case of dispute, proposed
parenting plans for the court's consideration. Such options are:
(A) Residency. The court may order a residential arrangement in which the
child resides with one or both parents on a basis consistent with the best
interests of the child.
(B) Divided residency. In an exceptional case, the court may order a
residential arrangement in which one or more children reside with each
parent and have parenting time with the other.
(C) Nonparental residency. If during the proceedings the court determines
that there is probable cause to believe that the child is a child in need of
care as defined by subsections (a)(1), (2) or (3) of K.S.A. 38-1502 and
amendments thereto or that neither parent is fit to have residency, the
court may award temporary residency of the child to a grandparent, aunt,
uncle or adult sibling, or, another person or agency if the court finds the
award of custody to such person or agency is in the best interests of the
child. In making such a residency order, the court shall give preference, to
the extent that the court finds it is in the best interests of the child,
first to awarding such residency to a relative of the child by blood,
marriage or adoption and second to awarding such residency to another person
with whom the child has close emotional ties. The court may make temporary
orders for care, support, education and visitation that it considers
appropriate. Temporary residency orders are to be entered in lieu of
temporary orders provided for in K.S.A. 38-1542 and 38-1543, and amendments
thereto, and shall remain in effect until there is a final determination
under the Kansas code for care of children. An award of temporary residency
under this paragraph shall not terminate parental rights nor give the court
the authority to consent to the adoption of the child. When the court enters
orders awarding temporary residency of the child to an agency or a person
other than the parent, the court shall refer a transcript of the proceedings
to the county or district attorney. The county or district attorney shall
file a petition as provided in K.S.A. 38-1531 and amendments thereto and may
request termination of parental rights pursuant to K.S.A. 38-1581 and
amendments thereto. The costs of the proceedings shall be paid from the
general fund of the county. When a final determination is made that the
child is not a child in need of care, the county or district attorney shall
notify the court in writing and the court, after a hearing, shall enter
appropriate custody orders pursuant to this section. If the same judge
presides over both proceedings, the notice is not required. Any disposition
pursuant to the Kansas code for care of children shall be binding and shall
supersede any order under this section.
History: L. 1963, ch. 303, 60-1610; L. 1965, ch. 355, § 6; L. 1975, ch. 305,
§ 1; L. 1976, ch. 256, § 1; L. 1978, ch. 231, § 30; L. 1979, ch. 185, § 1;
L. 1980, ch. 175, § 2; L. 1981, ch. 236, § 1; L. 1982, ch. 152, § 9; L.
1983, ch. 199, § 1; L. 1985, ch. 144, § 6; L. 1985, ch. 115, § 48; L. 1986,
ch. 218, § 1; L. 1986, ch. 219, § 1; L. 1986, ch. 137, § 25; L. 1988, ch.
215, § 1; L. 1991, ch. 171, § 2; L. 1992, ch. 273, § 2; L. 1995, ch. 268, §
2; L. 1996, ch. 186, § 2; L. 1997, ch. 182, § 4; L. 1998, ch. 162, § 3; L.
2000, ch. 171, § 15; L. 2001, ch. 195, § 7; L. 2005, ch. 154, § 2; July 1.
...For further information, please refer to the Kansas Statutes - Chapter
60, Article 16
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Property Division
60-1610. Decree; authorized orders. A decree in an
action under this article may include orders on the following matters:
(abbreviated)
(b) Financial matters. (1) Division of property. The decree shall divide the
real and personal property of the parties, including any retirement and
pension plans, whether owned by either spouse prior to marriage, acquired by
either spouse in the spouse's own right after marriage or acquired by the
spouses' joint efforts, by: (A) a division of the property in kind; (B)
awarding the property or part of the property to one of the spouses and
requiring the other to pay a just and proper sum; or (C) ordering a sale of
the property, under conditions prescribed by the court, and dividing the
proceeds of the sale. Upon request, the trial court shall set a valuation
date to be used for all assets at trial, which may be the date of
separation, filing or trial as the facts and circumstances of the case may
dictate. The trial court may consider evidence regarding changes in value of
various assets before and after the valuation date in making the division of
property. In dividing defined-contribution types of retirement and pension
plans, the court shall allocate profits and losses on the nonparticipant's
portion until date of distribution to that nonparticipant. In making the
division of property the court shall consider the age of the parties; the
duration of the marriage; the property owned by the parties; their present
and future earning capacities; the time, source and manner of acquisition of
property; 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. The decree shall provide for any changes in
beneficiary designation on: (A) Any insurance or annuity policy that is
owned by the parties, or in the case of group life insurance policies, under
which either of the parties is a covered person; (B) any trust instrument
under which one party is the grantor or holds a power of appointment over
part or all of the trust assets, that may be exercised in favor of either
party; or (C) any transfer on death or payable on death account under which
one or both of the parties are owners or beneficiaries. Nothing in this
section shall relieve the parties of the obligation to effectuate any change
in beneficiary designation by the filing of such change with the insurer or
issuer in accordance with the terms of such policy.
History: L. 1963, ch. 303, 60-1610; L. 1965, ch. 355, § 6; L. 1975, ch. 305,
§ 1; L. 1976, ch. 256, § 1; L. 1978, ch. 231, § 30; L. 1979, ch. 185, § 1;
L. 1980, ch. 175, § 2; L. 1981, ch. 236, § 1; L. 1982, ch. 152, § 9; L.
1983, ch. 199, § 1; L. 1985, ch. 144, § 6; L. 1985, ch. 115, § 48; L. 1986,
ch. 218, § 1; L. 1986, ch. 219, § 1; L. 1986, ch. 137, § 25; L. 1988, ch.
215, § 1; L. 1991, ch. 171, § 2; L. 1992, ch. 273, § 2; L. 1995, ch. 268, §
2; L. 1996, ch. 186, § 2; L. 1997, ch. 182, § 4; L. 1998, ch. 162, § 3; L.
2000, ch. 171, § 15; L. 2001, ch. 195, § 7; L. 2005, ch. 154, § 2; July 1.
...For further information, please refer to the Kansas Statutes - Chapter
60, Article 16
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