Christine P. Rosengreen is a family law attorney located in Kansas City, MO. Ms. Rosengreen practices in all areas of family law, including but not limited to, divorce, paternity, modification, guardianship, Guardian ad Litem and adoption. A life-long advocate for children and families, she is a Certified Family Law Mediator for the State of Missouri.
If you’ve reached the decision to file for divorce in Kansas or Missouri, then the next steps are going to be consequential for you and your family. Knowing the basics of divorce will help you to not only anticipate forthcoming divorce proceedings but develop a comprehensive strategy for seeking the best possible outcome. Working with an experienced attorney is the best way to understand and apply Kansas City divorce laws to your case. Trust the steady guidance of Joseph, Hollander & Craft.
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Key Takeaways
- Kansas City divorce laws differ depending on whether the case is filed in Kansas or Missouri, including residency requirements, waiting periods, grounds for divorce, and rules governing spousal maintenance.
- Both Kansas and Missouri follow equitable distribution principles, meaning marital property and debts are divided fairly based on the circumstances rather than automatically split 50/50.
- Spousal maintenance is determined without a fixed formula in either state, but Missouri may allow longer or indefinite support in some cases, while Kansas generally emphasizes temporary or rehabilitative maintenance and limits awards to 121 months.
Divorce in Kansas City: a Quick Overview
Before you can file for divorce in Kansas City, you need to meet the state residency requirements of either Kansas or Missouri. A Kansas divorce requires that one spouse be a state resident for at least 60 days prior to filing. In Missouri, meanwhile, one spouse must be a resident for at least 90 days before filing.
In Kansas, the earliest that the court will grant a divorce is 60 days after the divorce petition is filed. The minimum is 30 days after the petition filing date in Missouri. If the divorce is uncontested (meaning, the spouses agree on how to settle all issues), then the divorce process will be completed about 90 to 120 days after filing. Contested divorces, in which spouses disagree as to one or more issues, may take six to twelve months or longer to resolve.
The actual divorce is initiated once the petitioner files the petition for divorce in the court which has personal jurisdiction over the matter. Nearly all Kansas City, Kansas divorces are filed in Wyandotte County District Court, while most Kansas City, Missouri divorces are filed in the 16th Judicial Circuit Court of Jackson County. The petitioning spouse then needs to serve the divorce papers on the responding spouse.
Grounds for Divorce in Kansas City, MO
The legal grounds for divorce are defined as the reasons to end the marriage. Missouri has a no-fault divorce system. Instead of having to prove misconduct like adultery, one spouse simply has to allege that there has been an irretrievable breakdown of the marriage. This means the marriage cannot and is unlikely to ever be repaired.
While fault does not matter insofar as the grounds for divorce, it can affect other matters like child custody and financial issues. For example, allegations of domestic violence may affect which party is granted physical or legal custody of a child.
Grounds for Divorce in Kansas City, KS
In Kansas City, KS, most spouses ask for a divorce based on incompatibility. This is a no-fault allegation that essentially means the marriage has broken down and cannot be recovered. Another no-fault claim is incompatibility by reason of mental illness or mental incapacity. The purpose of this type of divorce is not to punish a mentally ill or incapacitated spouse but to argue that the marital relationship cannot continue due to mental deficiency.
Kansas also recognizes fault grounds which broadly fall into a category known as failure to perform a material marital duty or obligation. The statute does not include a comprehensive grounds of conduct which may qualify, but it can include:
- Abandonment
- Extreme neglect
- Refusal to provide support
- Adultery
- Serious misconduct that affects the marriage
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Spousal Maintenance (Alimony) Considerations
One of the major issues that spouses have to decide is spousal maintenance, also known as alimony. Whether the spouses can resolve this, along with the other matters arising out of their marriage, will determine if they will have a contested or uncontested divorce.
Neither Missouri nor Kansas uses an express formula to calculate spousal support. Judges in both states also have considerable discretion in deciding whether to award alimony and in what amount. Beyond this, the two states diverge.
Missouri Spousal Maintenance Laws
Before awarding alimony, a judge must find that the spouse requesting it lacks enough property to meet his/her financial needs and is unable to meet his/her needs through employment. If a spouse can meet this criteria, then the court may award spousal support. The statutory factors used to determine the amount include:
- The duration of the marriage
- The spouses’ standard of living during the marriage
- Both spouses’ earning capacities
- The financial resources of both spouses
- The age and health of both spouses
- Any evidence of marital misconduct
The Missouri approach tends to result in more indefinite alimony awards versus Kansas. That’s because the focus is on whether the receiving spouse can become self-supporting. So courts can award temporary and rehabilitative alimony as well as long-term and, in some divorce cases, indefinite spousal support.
Kansas Spousal Maintenance Laws
Kansas law allows spousal maintenance that is fair, just, and equitable under the circumstances. This gives judges broader discretion compared to Missouri. Also, unlike Missouri, Kansas does not explicitly include marital misconduct as a spousal maintenance factor.
Kansas courts tend to view spousal maintenance in more practical terms than Missouri. The objective in awarding spousal maintenance is to help the receiving spouse become self-supporting. Spousal maintenance therefore tends to be temporary and rehabilitative in nature. Kansas also imposes a statutory limit of 121 months of spousal maintenance which reinforces its approach to alimony.
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Asset Division and Equitable Distribution
Dividing marital property is another important step in finalizing divorce. The division of assets in both Kansas and Missouri is based on principles of equitable distribution. “Equitable” means fair, not necessarily equal, so a 50/50 split in property is not guaranteed.
Importantly, courts in both states are primarily concerned with marital property. Marital includes anything the spouses acquired after the date of marriage. Separate property such as gifts to one spouse, inheritances, or anything that a spouse owned before marriage is generally not considered. However, there are more complex cases in which marital and separate property are commingled.
Your Kansas City divorce lawyer will walk you through the basic steps of property division, which include:
- Identification of all property and debts: Included are real property, bank and investment accounts, retirement accounts, vehicles, family businesses, credit card balances, and personal property.
- Classification of all property and debt: The two essential categories are marital property and debts (subject to division) and separate property and debts (to be retained by one or the other party).
- Exchange of financial information and valuation: This is often done through the process of discovery. The goal is to determine the value of each item of marital property and debt. Valuation of the marital assets and debts must take place before either can be distributed between the spouses.
- Apply the equitable distribution factors: In deciding how to divide the assets and debts, the court takes into account such factors as the length of the marriage, the spouses’ financial circumstances, the economic needs of both spouses, and evidence of marital waste.
- Settlement or trial: The spouses are often required by the court to attempt mediation to try to determine who will receive each item of property and debt. If this does not work, then the judge will have to decide. Regardless, the final divorce decree will formalize the asset and debt distribution.
How a Kansas City Divorce Attorney Can Help
The above is only an overview of how a Kansas City divorce works. Seemingly simple divorces can become quite complex, particularly when unusual financial assets are at issue. There are also other considerations like child support and child custody.
No matter what the details of your divorce are, it’s time to get serious about your rights. Having knowledgeable legal counsel in your corner is critical. The family law attorneys of Joseph, Hollander & Craft have extensive experience with Kansas City divorce laws. We know what’s at stake in your case and we know how to develop a personalized legal strategy that puts your best interests first. If divorce is in your future, reach out to us today.
