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Are property division proceedings part of your new year plan?

Many Kansas residents set new goals when a new year begins. For some, such goals may include filing for divorce. Numerous challenges may surface when negotiating a settlement, particularly where property division issues are concerned. The more a spouse learns before heading to court regarding state laws and regulations governing marital property in divorce, the easier it may to overcome any obstacles that arise.

Kansas is not one of the nine states that continue to operate under community property laws in divorce. Rather, it is a state that governs such issues under equitable property guidelines. Therefore, a key factor anyone ending a marriage in this state should know is that the court will divide all marital property in a fair manner, but that does not necessarily mean assets will be split 50/50.

Another notable factor regarding property division rules in this state is that spouses are allowed to negotiate the terms of their own agreement. In such cases, they can write out the terms of their plan, then submit it to the court for approval. If spouses disagree about how assets should be divided, the court will take control and make all necessary decisions at its own discretion.

Property division can be quite complex, especially when questions are raised as to whether a particular asset is joint property or separately owned. The answer is not always immediately apparent. Other problems can also delay proceedings, such as if one spouse suspects the other of trying to hide assets to keep them from being subject to division. This is illegal in Kansas and all other states; however, there are ways to rectify such problems in court.