Kansas Divorce Questions

Kansas men’s divorce attorneys provide answers to frequently asked questions with regards to divorce in Kansas.

What are the grounds for divorce in Kansas?

In Kansas, the grounds for divorce are incompatibility (no fault), failure to perform a marital duty, and incompatibility by reason of mental illness or mental incapacity of one or both spouses.

What is a divorce going to cost me? Can I afford it?

The cost and affordability of a divorce varies widely from case to case and depending on your unique financial situation.

Do I really need to hire an attorney?

Although you can represent yourself in a divorce case, it is advisable to hire an attorney to represent your interests in a divorce.

Does Kansas grant divorces based on marital fault?

Yes, although it is not common in Kansas to pursue a divorce on fault grounds.

Can I get maintenance or will I have to provide maintenance to my spouse?

An award of maintenance is based on an economic imbalance between the spouses, so an award of spousal maintenance would depend on the unique factors of your individual case.

Can I change my name at the time of divorce?

Yes.

Can I get an annulment in Kansas?

Yes.

When can I file for divorce in Kansas?

At anytime, as long as at least one of the parties has resided in Kansas for at least 60 days prior to filing for divorce.

When is my case going to be over?

A decree of divorce can be issued no less than 60 days from the date of filing. However, most cases take longer.

Do I have to go to court?

It depends on whether there are contested issues and whether your spouse is represented.

If attempts to serve my spouse do not work, what is my next step?

Service by publication may be made.

At what point during the process can a spouse remarry or start dating?

You cannot marry someone prior to the finalization of the divorce, meaning a judge has signed and filed the divorce decree with the court.

What if my spouse does not want the divorce?

It does not matter in Kansas. Only one party has to plead that the parties are incompatible in order for the court to grant the divorce on the ground of incompatibility.

Do the other issues – child support, child custody, alimony, and property – have to be decided before the divorce is final?

Not always. Some courts are willing to (and, in fact, some Kansas Courts automatically) bifurcate the issues, so that the divorce can be entered prior to resolving the other issues.

After I file for divorce, do I have to continue to live in Kansas?

No. Residency is established at the time of filing.

What if I am in the military and out of state?

If Kansas is your residence of record (and has been for at least 60 days prior to filing the petition), you can file in Kansas.

What forms do I need to file for a divorce in Kansas?

A Petition for Decree of Divorce initiates the divorce process.

How and where is a divorce complaint filed?

By filing a Petition for Divorce in district (i.e. county) court.

How do I serve the divorce complaint on my spouse?

Service can be made by the sheriff, private process server, via certified mail, or by publication if no other method of service can be achieved.

How is a divorce granted? Will I have to go to court?

A divorce is granted by a judge signing a Decree of Divorce and filing the decree with the court. Whether you will have to actually appear in court depends on whether there are contested issues and whether the parties are represented by counsel.

What typically happens if I go to court to obtain my divorce myself?

The court will request testimony to establish that it has jurisdiction over the parties and the divorce and will likely ask you questions regarding the contents of any settlement. If issues are disputed, then the parties will have the opportunity to present their respective cases to the judge, who will rule on disputed issues.

How do I prove fault for divorce?

Proving fault is not necessary in Kansas.

At any time can a parent change a minor child’s last name without the other parent’s permission?

Generally, no, if both parents are still legal custodians of the child.

Can a couple become legally married by living together as man and wife under the state’s laws (common law marriage)?

Yes, common law marriage is achieved by you and your partner intending to be married and by holding yourselves out as a married couple. There is no time requirement for common law marriage.