How to File for Divorce in Kansas

In Kansas, divorces are filed in the District Court for the county where either spouse lives. Kansas is an equitable distribution state (the court divides marital assets and debts in a way that’s fair, not automatically 50/50). Most cases proceed no-fault.

Requirements to File

At least one spouse must have been a Kansas resident for 60 days immediately before filing. File in the District Court of the county where either spouse resides. There is no separation requirement to file, but Kansas has a 60-day waiting period after filing before the decree can be entered (judges may shorten this for good cause).

Step-by-Step Process

Step 1: Choose your path and gather forms.
If you agree on property, debts, and (if applicable) parenting, consider an uncontested case. Prepare the Petition for Divorce, Summons, and Kansas Domestic Relations Affidavit (financial disclosure). If you have minor children, draft a Parenting Plan and complete any parent education required by your county.

Step 2: File with the clerk.
File your packet with the District Court clerk (paper or e-file if available to self-represented filers). Pay the filing fee or request an in forma pauperis fee waiver if payment is a hardship. You’ll receive a case number and file-stamped copies.

Step 3: Serve your spouse.
Arrange personal service by sheriff or process server, certified mail where allowed, or use a signed Entry of Appearance/Acceptance of Service if your spouse will cooperate. If you cannot locate your spouse after diligent search, ask for alternative service (e.g., publication).

Step 4: Observe timelines and exchange disclosures.
Your spouse typically has about 21 days to respond after in-state service (often longer if served outside Kansas). Exchange complete financial information early—organized disclosures speed settlement and court review.

Step 5: Settlement or hearings.
If you reach agreement, submit a Marital Settlement Agreement, Child Support Worksheet/Orders (if applicable), and a proposed Journal Entry/Decree of Divorce. If disputes remain, the court may set case management, mediation, and hearings.

Step 6: Final decree.
After the 60-day waiting period (unless shortened) and court approval, the judge signs a Journal Entry/Decree of Divorce covering property and debt division, maintenance (spousal support) if any, legal/physical custody and parenting time, child support, and any name change. Obtain certified copies for your records and to update accounts/benefits.

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FAQs

Do we need to be separated before filing in Kansas?
No. There’s no separation requirement to file.

Which court handles divorces in Kansas?
The District Court for the county where either spouse resides.

How long does a Kansas divorce take?
Kansas has a 60-day waiting period after filing before a decree can be entered (judges may shorten it for good cause). Uncontested cases often finish soon after that if paperwork is complete.