Everything to Know About Divorce in Kansas
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
Whether you’re just starting to consider divorce or ready to file, understanding how the Kansas process works can save you time, money, and stress. From knowing where to file and how long it takes, to navigating child custody and property division, this guide breaks down everything you need to know—step by step.
Prerequisites
Residency requirements
To file for divorce in Kansas:
- Either spouse must have been a resident of Kansas for at least 60 days before filing.
- File in the county where either spouse resides.
Waiting period & separation rules
Kansas has a 60-day waiting period from the date of filing before the divorce can be finalized (unless waived by the court).
No formal separation is required before filing or finalizing a divorce.
Grounds for divorce
Kansas allows both no-fault and fault-based divorces:
- No-fault: Most common, based on “incompatibility.”
- Fault-based: Possible but less common; includes failure to perform marital duty or mental illness.
How to file for divorce in Kansas
- File a Petition for divorce in the District Court.
- Serve your spouse using a sheriff, process server, or by certified mail.
- Wait for a response: The other party has 21 days to respond.
- Court appearance: Required, at minimum, to finalize the divorce.
- Final hearing: Judge issues a Decree of Divorce if all terms are resolved.
Cost to file for divorce in Kansas
- Filing fee: Typically around $175–$255, depending on whether children are involved.
- You can waive the fee by submitting a fee waiver application (available through the court).
Property, asset and debt division in Kansas
Kansas follows equitable distribution:
- Assets and debts acquired during the marriage are divided fairly, but not necessarily 50/50.
- Factors include length of marriage, contributions, financial needs, and earning potential.
- Separate property (owned before marriage or by gift/inheritance) may be excluded unless commingled.
Alimony (spousal maintenance)
Spousal maintenance is not guaranteed and is granted based on need. It may be:
- Temporary: During the divorce process
- Short-term or long-term: Based on length of marriage and earning capacity
Kansas does not use a formal alimony calculator. Judges decide based on circumstances.
Child custody and support
Custody
Kansas favors joint legal custody but may assign sole custody if in the child’s best interest. Physical residency (where the child lives) can be split or assigned primarily to one parent.
Support
Child support is based on state guidelines that consider both parents’ incomes, expenses, and time spent with the child.
Kansas offers a downloadable Child Support Calculator (it's a PDF document) for estimates.
Military divorce in Kansas
Military spouses must meet Kansas’ 60-day residency requirement. Federal laws like the Servicemembers Civil Relief Act may delay proceedings during deployment.
Legal separation and annulment
Legal separation is available through the court using a Petition for Separate Maintenance.
Annulments are hard to get and are granted in limited cases like fraud, bigamy, or incapacity.
E-filing divorce in Kansas
Kansas allows e-filing in many counties for attorneys, but most self-represented parties must file in person. Read more about e-filing here.
Final steps after divorce
There are several things you may want to update or change after your divorce, including:
- Request a name change during the divorce petition if desired
- File taxes as single if the divorce is finalized before December 31 of the tax year.
- Modify custody or support orders later if circumstances change.
- Update wills, insurance, and account beneficiaries.
Legal help and resources
Divorce in Kansas is relatively straightforward, especially if uncontested. Still, issues like support, parenting time, and dividing property can be complex. Know your options, stay organized, and reach out for help when needed.
