Marriage & Divorce Laws in Kansas

Kansas Finances, Property and Support

Other Important Topics about Divorce in Kansas 

Important Information About Divorce in Kansas

What is the waiting period for divorce in Kansas?
Typically 60 days (unless judge deems it an emergency).

Do you need to be separated before filing for divorce in Kansas? If so, how long?
No.

How is property divided in Kansas (e.g., separate property/equitable property)?
Equitable Distribution.

What is the filing fee in Kansas?
$100-$200. Check local court fee schedule.

Is a joint petition for divorce possible in Kansas?
No.

How do you waive the filing fee in Kansas?
Fill out an affidavit for the court:
https://www.kansasjudicialcouncil.org/legal-forms/civil-actions/chapter-60/poverty-affidavit/poverty-affidavit

What are the annulment rules in Kansas?
In Kansas, you will need to file a "Petition for Annulment" in the district court for the county where either you or your spouse live. Annulments are granted based on:

• Bigamy

• Incurable impotency

• Underage marriage

• Incest

• Mental incapacity

Is there a faster way to divorce in Kansas (e.g., summary dissolution)?
Uncontested divorce is the fastest.

What are the parties divorcing called in Kansas?
Petitioner/Respondent.

What methods can you use to serve the petition in Kansas, and can the respondent waive service?
In Kansas, service can be completed by:

• Requesting the sheriff deliver papers (via Request for Service form).

• Mailing documents via certified mail, return receipt requested.

• Having your spouse sign a Voluntary Entry of Appearance acknowledging receipt.

• If unable to locate your spouse, obtaining court permission to publish notice in a newspaper.

What are the residency requirements for divorce in Kansas?
You or your spouse must be a resident or stationed militarily in Kansas for at least 60 days.

Does it matter who files first in Kansas?
No.

What is the deadline for responding to a divorce petition in Kansas?
21 days.

Are the parties required to go to court in Kansas? Describe.
Yes. A court appearance is required to finalize the divorce. In most cases, the filing spouse must attend.

Are there any requirements before filing or finalizing a divorce in Kansas (e.g., classes)?
Some counties may require a parenting class during divorce proceedings, but not before filing.

Is separation required before finalizing a divorce in Kansas?
No.

Is Kansas a no-fault state?
Yes, Kansas allows both no-fault and fault-based divorces.

If fault-based divorce, what are the grounds in Kansas?
Grounds include failure to perform marital duties (e.g., refusal to engage in sexual relations) or mental illness (court-determined or institutionalization for two years).

Is permanent alimony/spousal support available in Kansas?
No.

What are the rules for alimony/spousal support in Kansas?
Judges have broad discretion. Factors commonly considered include length of marriage, financial resources, living standard, age, health, contributions to the marriage, education or training needs, and the paying spouse's financial ability.

What are the child support rules in Kansas?
https://www.kscourts.org/KSCourts/media/KsCourts/Child%20Support%20Guidelines/KSCSG-2020withoutmarkup.pdf

What are the military divorce rules in Kansas?
Standard rules apply, with an option for service members facing PCS to request an emergency divorce to expedite the process:
https://usacac.army.mil/sites/default/files/documents/sja/GettingDivorced.docx

Is there an official spousal support calculator in Kansas? If yes, link.
No.

Is there an official child support calculator in Kansas? If yes, link.
No quick calculator is available, but a fillable worksheet is provided:
https://www.kscourts.org/KSCourts/media/KsCourts/Child%20Support%20Guidelines/KSCSG-2020withoutmarkup.pdf
Kansas Department for Children and Families provides further information.

When can you file taxes as a single person in Kansas?
If divorced or legally separated on or before December 31.

Can parties legally separate in Kansas? If so, how?
Yes. File a petition/request with the county court (similar process as divorce).

Where do you file for divorce in Kansas?
File in the district court of the county where either spouse lives or where the non-filing spouse can be served.

What are the rules for filing divorce in this place in Kansas?
Residency requirements must be met. File with the Clerk of the District Court in your or your spouse’s county.

What are the primary divorce documents called in Kansas?
Forms are online, categorized for couples with or without minor children:
https://www.kansasjudicialcouncil.org/legal-forms/divorce

Can you change your name during the divorce process in Kansas? If so, how?
Yes. Either spouse can resume a former or maiden name through divorce documents (Kansas Statutes 60-1610) without additional cost.

Can you finalize your divorce while pregnant in Kansas? If yes, how?
At the judge’s discretion.

How do you end a domestic partnership in Kansas?
File dissolution paperwork with the city clerk where the domestic partnership was registered.

Are financial disclosures required in Kansas? If so, explain.
No mandatory disclosures beyond reaching a settlement agreement.

Is there free legal help for divorce in Kansas? If so, where and how do you access it?
https://www.kscourts.org/Public/Legal-Help

Is common law marriage recognized in Kansas?
Yes.
Kansas Bar Association: https://www.ksbar.org/page/marriage_divorce

Is e-filing available in Kansas?
Limited to attorneys for now: https://www.kscourts.org/Ecourt/Kansas-Courts-eFiling

Is court appearance required for divorce in Kansas?
Possibly, at the judge’s discretion.

Are you required to appear in court at any point in the divorce process in Kansas?
Yes. At the final hearing, you may be required to testify and answer questions about your settlement. Be prepared with all relevant paperwork.