What factors will a court consider when granting a divorce?
When granting a divorce in Kansas, courts will consider a variety of factors. Most divorces are granted on the basis of “irretrievable breakdown,” or “incompatibility.” However, divorces may also be granted due to grounds of adultery, extreme cruelty, willful abandonment, or confinement in a hospital. In terms of divorce settlements, courts must consider economic factors, such as the current and future financial situation of each spouse, as well as what is fair and equitable to the parties. In doing so, courts must consider property and debts acquired during the marriage, the length of the marriage, and the age and health of each spouse. Courts must also consider the custody arrangements for any child or children of the marriage. This could include issues of physical and legal custody and which parent will be responsible for making decisions regarding the child’s education, healthcare, and religious upbringing. Courts will factor in the fitness of each parent to care for the child and the interactions between each parent and the child. The court may also assess the ability of each parent to provide the financial resources necessary for the upbringing of the child. When granting a divorce, courts will take into account the best interests of the parties and any minor children. They will also consider the various tangible and intangible assets of the marriage and the effect the dissolution of the marriage will have on each party.
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