Divorce in Kansas: Kansas Divorce Law FAQs

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.

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

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

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

In Kansas, property can be divided with an agreement between spouses, otherwise, a judge or an arbitrator will divide property based on a series of relevant factors. These can include age, length of the marriage, earning capacity, how the certain property was acquired, alimony, and tax consequences of property division.

Yes, in the state of Kansas, alimony of a fair and equitable amount can be awarded by a judge depending on relevant factors of the marriage and individual spouses.

While there is not a set number of years you have to be married to receive spousal support in Kansas, a variety of factors will be considered if a judge awards alimony. These factors include the duration of the marriage, standard of living, financial standing of both parties, contribution to the marriage, age and physical condition of the spouses, ability to find employment, and the ability of the paying party to provide support to their spouse.

In Kansas, alimony cannot be awarded by the court for longer than 121 months. If both parties agree to a longer-term, it can exceed that time period. Court-mandated spousal support ends if either spouse dies or if the receiving party remarries.

In Kansas, there is not a mandatory period of separation prior to divorce. As long as you have been a resident of the state for sixty days prior to filing the petition for divorce, you are not required to live separately before or after the petition has been filed. The court has jurisdiction to grant the divorce once the petition has been on file for sixty days.

Yes.

Yes.

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.

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.

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

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

When a divorce is uncontested, that means that both parties agree to the divorce and on the terms of the divorce. This generally makes the divorce process much easier and requires less time in court.

Service by publication may be made.

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

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.

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.

No. Residency is established at the time of filing.

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.

A Petition for Decree of Divorce initiates the divorce process.

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

No, filing for divorce first does not give preference to either party in a divorce. The normal divorce process will still be followed, regardless of who files for divorce first.

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.

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.

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.

Yes, a divorce in Kansas does not require either party to prove the other party is at fault.

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