What the Kansas Family Law Arbitration Act Means for Divorcing Couples

Serious conflicts over divorce terms and other family law issues often defy easy resolution. Mediation helps people find common ground in many situations, but sometimes people head to court even though they understand the time, cost, and stress associated with litigation. A different form of alternative dispute resolution might be a better option in certain circumstances. Throughout the country, states are turning to family law arbitration as a streamlined way to reach decisions in matters involving child custody, alimony, child support and other domestic legal concerns. 

The Kansas Family Law Arbitration Act (KFLAA) is a bill based on the Uniform Family Law Arbitration Act (UFLAA), versions of which have been enacted in seven states and the District of Columbia. Passing this legislation in Kansas would establish a comprehensive protocol under which parties can agree to have their conflict decided by a neutral, qualified arbitrator. 

At its core, the legislation defines key terms crucial to the arbitration process. The arbitration agreement must be in writing, signed by both parties, and it must contain language that explicitly specifies the dispute to be arbitrated. While the KFLAA is designed to ease the burden on parties and the family court system, the bill’s language includes specific determinations that cannot be made by an arbitrator. For example, a divorce decree, adoption order or termination of parental rights must be issued by a judge. Moreover, arbitration decisions that affect children are subject to close judicial scrutiny.

Part of the statute sets forth the qualifications necessary for a family law arbitrator. Arbitrators are expected to possess the training and expertise required to sensitively manage intricate issues such as domestic violence and child abuse. The Act’s provisions in this area ensure that arbitrators are equipped to make decisions that prioritize the safety and well-being of all family members involved.

As families seek more flexible, efficient, and private means of managing disagreement over parenting and financial matters, laws based on the UFLAA are expected to gain approval in additional jurisdictions. Whether Kansas adopts the KFLAA remains to be seen, but if arbitration does become a legal option, It is important to retain an attorney who is well versed in the applicable procedures 

At The Henry Law Firm P.A. in Overland Park, we are accomplished family lawyers who provide strong advocacy to Kansans in every type of family law forum. For a consultation, please call 913-381-5020 or contact us online.