Kansas LGBT Divorce

Same-sex marriage became legal in Kansas in 2015 following the landmark U.S. Supreme Court decision in Obergefell v. Hodges. Since then, LGBT couples have had the same marriage and divorce rights as opposite-sex couples. However, while the legal framework is the same, same-sex couples often face unique challenges during divorce proceedings that require specialized legal guidance.

LGBT Divorce Laws in Kansas

Kansas follows no-fault divorce laws, which means neither party needs to prove wrongdoing to end their marriage. The state requires at least one spouse to have lived in Kansas for 60 days before filing for divorce. The process involves the same legal steps as any other divorce, including filing a petition, serving the other spouse, and working through issues like property division and child custody.

Despite having equal legal rights, LGBT couples may encounter complications that don't typically affect opposite-sex couples. These issues often stem from the relatively recent legal recognition of same-sex marriage and the unique circumstances many LGBT couples experienced before they could legally marry. A divorce attorney experienced in LGBT cases can help navigate these specific challenges while ensuring your rights are fully protected.

Key Issues in Kansas LGBT Divorce

Kansas uses equitable distribution for dividing marital property, meaning the court divides assets fairly rather than equally. However, determining what constitutes "marital property" can be complex for same-sex couples. Many LGBT couples lived together and accumulated shared assets for years or even decades before they could legally marry in 2015.

While Kansas law typically only considers property acquired during the legal marriage as marital property, this approach may not fairly reflect the reality of long-term same-sex relationships. A skilled divorce attorney can argue that assets acquired during the couple's committed relationship should be considered in the property division, even if they were obtained before the legal marriage.

Child Custody and Parental Rights

Child custody issues in LGBT divorce cases can be particularly complex, especially when one parent is not the biological parent of the child. In Kansas, there is no automatic presumption of parentage for a non-biological parent in a same-sex marriage. This situation commonly arises when couples use artificial insemination or assisted reproduction, where only one spouse is biologically related to the child.

The non-biological parent may face significant challenges in securing custody or visitation rights if they never formally adopted the child or completed second-parent adoption procedures. During divorce proceedings, the biological parent might attempt to deny the other parent's rights, creating emotional and legal difficulties for both the non-biological parent and the child.

To protect parental rights, same-sex couples should consider completing second-parent adoption as soon as possible after a child's birth. When this hasn't been done, family law attorneys can work to establish parental relationships through negotiated agreements or by demonstrating the non-biological parent's role in the child's life.

Spousal Support Considerations

Spousal support, also known as alimony, can present unique challenges in LGBT divorce cases. Kansas courts typically consider the length of the marriage when determining the amount and duration of spousal support. However, this standard may not fairly account for same-sex couples who were in committed relationships for years before they could legally marry.

For example, a couple might have been together for fifteen years but only legally married for five years. Using only the five-year marriage period to calculate spousal support could result in an unfair outcome that doesn't reflect the true economic interdependence of the relationship. Experienced family law attorneys advocate for spousal support arrangements that recognize the full history of the relationship, not just the legally recognized portion.

The Kansas Divorce Process for LGBT Couples

The divorce process begins when one spouse files a "Petition for Dissolution of Marriage" with the appropriate Kansas county court. The filing spouse becomes the petitioner, while the other spouse is the respondent. The petition must be formally served on the other spouse, who then has a limited time to file a response.

During the initial filing phase, it's crucial to address any immediate concerns about temporary custody, support, or restraining orders. For LGBT couples, this stage may require special attention to parental rights issues, especially if one parent lacks legal standing as a biological or adoptive parent.

Discovery and Financial Disclosure

Both parties must exchange financial information and relevant documents during the discovery phase. This process is essential for fair property division and determining appropriate support amounts. LGBT couples may need to provide additional documentation about their pre-marriage relationship and shared financial decisions to support arguments about property division or spousal support.

The discovery phase often reveals the full extent of marital assets and debts, which can be particularly important for same-sex couples who may have complex financial arrangements that predate their legal marriage.

Negotiation and Settlement Options

Many LGBT divorce cases can be resolved through negotiation or mediation without going to trial. These alternative dispute resolution methods can be less adversarial and more cost-effective than litigation. They also provide more privacy and control over the outcome, which can be important for couples concerned about potential bias or misunderstanding in the court system.

The following divorce options are available to same-sex couples in Kansas:

• Uncontested Divorce: Both parties agree on major issues like property division, child custody, and support
• Mediation: A neutral third party helps the couple negotiate and resolve disputes outside of court
• Collaborative Divorce: Both parties and their attorneys commit to resolving all issues without going to court
• Contested/Litigated Divorce: Cases that cannot be resolved through negotiation go to trial for judicial decision

Court Proceedings and Final Decree

If an agreement cannot be reached through negotiation, the case proceeds to trial where a judge makes final decisions on all unresolved issues. During court proceedings, it's important to have legal representation that understands the unique aspects of LGBT divorce and can present compelling arguments for fair treatment.

The judge issues a final "Decree of Divorce" that legally terminates the marriage and outlines all terms of the settlement, including property division, child custody arrangements, and support obligations.

Unique Challenges Facing LGBT Couples

Same-sex couples who lived in multiple states before their Kansas divorce may face additional legal complexities. Different states had varying laws regarding same-sex relationships, civil unions, and domestic partnerships before nationwide marriage equality. These previous legal statuses can complicate divorce proceedings and require careful legal analysis.

For example, a couple might have entered into a civil union in another state before moving to Kansas and getting married. The dissolution of the civil union may require separate legal proceedings, or it may affect how the Kansas court views the length and nature of the relationship.

Recognition of Relationship Duration

Determining the actual start date of a same-sex relationship can significantly impact divorce proceedings. While heterosexual couples typically have clear marriage dates, same-sex couples often have complex relationship histories that include periods of commitment before legal marriage was available.

This timeline confusion can affect multiple aspects of the divorce, including property division calculations, spousal support determinations, and even jurisdictional issues. Courts may need to consider evidence of commitment ceremonies, domestic partnership agreements, or other indicators of when the couple considered themselves married.

Finding the Right Legal Representation

Not all family law attorneys have experience with the unique issues facing LGBT couples in divorce. When selecting legal representation, it's important to find a divorce lawyer who understands both the legal complexities and the personal challenges that same-sex couples may encounter.

Look for attorneys who have specific experience with LGBT divorce cases and who demonstrate understanding of issues like second-parent adoption, property division for long-term relationships, and the emotional aspects of same-sex divorce. Many law firms now advertise their commitment to serving the LGBT community and can provide references from previous clients.

What to Expect from Your Attorney

A qualified LGBT divorce attorney should provide comprehensive legal guidance that addresses all aspects of your case. They should be prepared to argue for fair treatment of pre-marriage assets, advocate for parental rights, and negotiate spousal support arrangements that reflect the true length of your relationship.

Your attorney should also be prepared to educate the court about LGBT relationship dynamics when necessary and to challenge any bias or misunderstanding that may arise during proceedings. This advocacy is particularly important in areas where courts may have limited experience with same-sex divorce cases.

Protecting Your Interests During LGBT Divorce

Same-sex couples going through divorce should take special care to document their financial history and contributions to shared assets. This documentation can be crucial for achieving fair property division, especially for assets acquired before legal marriage.

Consider gathering evidence of joint financial decisions, shared expenses, and contributions to major purchases or investments. Bank records, tax returns, and other financial documents can help establish the economic interdependence that existed throughout the relationship.

Child-Related Planning

For couples with children, protecting the parent-child relationship should be a top priority. If second-parent adoption was never completed, work with your attorney to explore options for establishing or protecting parental rights. Even in difficult divorces, maintaining focus on the children's best interests can help guide decision-making.

Consider developing detailed parenting plans that address the specific needs of your family and ensure that both parents can maintain meaningful relationships with the children, regardless of their biological or legal status.

Moving Forward After LGBT Divorce in Kansas

Divorce is never easy, but LGBT couples in Kansas now have access to the same legal protections and remedies as all married couples. While unique challenges may arise, experienced legal representation can help ensure that your rights are protected and that the outcome reflects the true nature of your relationship and contributions.

The key to a successful LGBT divorce in Kansas is working with knowledgeable family law attorneys who understand the complexities involved and who can advocate effectively for your interests. With proper legal guidance, you can navigate the divorce process with confidence and move forward to the next chapter of your life.

Remember that divorce laws and court attitudes continue to evolve as society becomes more accepting of diverse family structures. What matters most is ensuring that you have competent legal representation that understands your unique situation and can fight for the fair treatment you deserve under Kansas law.