The State of Kansas recognizes Common Law Marriage as being an agreement between two persons of age who consider them to be married and publicly hold themselves out to be married. There is no minimum period of cohabitation required and this agreement between two persons is without any formal ceremony of license and both need to be legally eligible to marry.
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You must be a resident of the State of Kansas for at least (60) days prior to filing a petition for divorce pursuant to Kansas Law.
**These questions are based on Kansas Law and are to provide general public information, not specific legal advice. The facts involved in each case determine the application of the law.**
A divorce cannot be heard by the Court until at least 60 days after the filing of the Petition for Divorce unless the Court declares the state of emergency. The time it takes for a divorce depends on the complexity of the issues if the divorce case becomes contested. The Court's trial calendar and the willingness of the parties to continue to negotiate in good faith toward a fair resolution will also affect the length of time it takes for a divorce to become final.
Kansas Law requires the Court to "make provisions for the support and education of the minor children." Child support is normally calculated using the Kansas Child Support Guidelines. A copy of the Kansas Child Support Guidelines can be found on the Kansas Judicial Branch website at www.kscourts.org. The Court will retain jurisdiction to modify the current child support figure based upon a material change of circumstances, such as one parent having a loss or increase in income. The Court will consider numerous factors when setting child support. If you have any questions or need further explanation of the Kansas Child Support Guidelines, please feel free to contact my office.
The Court will determine the custody and residency based upon the best interests of the child (ren). Kansas Law (K.S.A. 23 - 3206) sets forth that in joint legal custody "the parties shall have equal rights to make decisions in the best interests of the child." The Court has the option of order sole custody if it feels that it is not in the best interests of the child (ren), that both parties have equal rights when it comes to making decisions. The Court will make specific findings of fact before it would order sole custody. Rarely have I seen the Court order sole custody in my 30 plus years of experience in the domestic courts. Kansas Law (K.S.A. 23 - 3203) also sets out 18 factors the court shall consider in determining custody, residency, and parenting time.