Divorce in Kansas: Child Custody, Alimony, and How the KansasDecides Your Future

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Divorce in Kansas: Child Custody, Alimony, and How the KansasDecides Your Future

Kansas handles divorce through a no-fault system focused on “incompatibility,” with courts prioritizing children’s best interests for custody and equitable (fair, not equal) property splits. A 60-day residency requirement and waiting period apply before finalizing decrees, ensuring deliberate decisions on alimony and support.

Child Custody Rules

Courts award joint custody when feasible, evaluating factors like parental fitness, child preferences (if mature), and stability. Sole custody requires proof one parent is unfit; visitation is presumed unless harmful. No 2026 changes noted; mediation often precedes trials.​

Support follows state guidelines based on income, overnights, and child needs—typically 25-35% of non-custodial income for one child.

Alimony Guidelines

Maintenance (alimony) is temporary and needs-based, not automatic, considering marriage length, earning gaps, and contributions. Courts favor self-sufficiency; awards rarely exceed 50% duration of marriage (e.g., 5 years for a 10-year union).​

No-fault grounds (§23-2701) speed uncontested cases; property divides marital assets equitably per §23-2802.​

Decision Factors Table

IssueKey CriteriaCourt Discretion
CustodyChild’s best interest; joint presumed â€‹Fitness, stability
AlimonyNeed, ability to pay; short-term â€‹Marriage length, disparity
PropertyEquitable split of marital assets â€‹Contributions, finances
Residency/Wait60 days each Final decree after 60 days

Kansas emphasizes fairness over punishment, with 2026 bills targeting marriage age hikes, not core divorce reforms.

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