When you are getting a divorce, it is important to understand how the courts in the state you are living in divide property between the spouses. Typically, the court will value the property and then divide it between the spouses.
In contrast to states like Missouri where the court can only divide property acquired during the marriage, Kansas law allows the court to divide all the property either spouse owns at the time of divorce, regardless of when each spouse acquired it. The courts will often set aside to each party his or her premarital property as individual property, but it is important to know the court does not have to do so in Kansas.
The court is required to consider several factors when deciding how to divide the parties’ property and debts: (1) the age of the parties; (2) the duration of the marriage; (3) the property owned by the parties; (4) their present and future earning capacities; (5) the time, source and manner of acquisition of property; (6) family ties and obligations; (7) the allowance of maintenance or lack thereof; (8) dissipation of assets; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; and (10) other factors as the court considers necessary to make an equitable division of property. Some counties in Kansas also have local family law guidelines that offer the courts further direction on how property should be divided.
Property division can be especially complex. If you have property to divide in your divorce, it is important to seek out a skilled attorney to advocate for your interests and help you get the property you deserve in your divorce.
The choice of a lawyer is an important decision and should not be based solely on advertisements.