By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed August 30, 2024
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Just as states have laws about marriage, the same holds for the divorce process. Legal requirements dictate the procedures a person must follow to get divorced.
Here is an overview of the legal requirements for divorce in Kansas.
For a glance at Kansas divorce laws, see the chart below. You can also visit Findlaw's resources on divorce for more detailed information.
Code section |
§ 23-2701, et seq. of the Kansas Statutes |
|---|---|
Residency requirements |
One party must have been a resident for 60 days before filing |
Waiting period |
Hearing not for 60 days after filing (unless emergency) |
No-fault grounds for divorce |
Incompatibility |
Other grounds for divorce |
Insanity (mental illness/incapacity; failure to perform material marital duty/obligation |
Note: State laws are subject to change due to new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a local divorce attorney or research to verify your state's laws.
The person who files for divorce in Kansas is the petitioner. Their spouse is the respondent. You must file a petition for divorce. Your spouse has the right to file an "answer."
During your divorce proceedings, you must resolve several legal issues, including:
Kansas courts refer to alimony as spousal maintenance. This is money the higher-earning spouse must pay the other party during and after divorce proceedings.
When the judge finalizes your divorce, they issue your decree of divorce. This is a court order declaring that your marriage is over. The family law judge issues this order only after 60 days have passed. This is due to Kansas' mandatory 60-day waiting period. The waiting period starts when your spouse gets a copy of the divorce petition.
You must meet the state's residency requirement to file for divorce in Kansas. According to Kansas Statute § 23-2703, you (or your spouse) must be a resident of Kansas for at least 60 days before filing your divorce papers.
There are two types of divorce in Kansas — no-fault and fault-based. Most people today opt for a no-fault divorce. This type of petition doesn't force you to lay blame for the demise of the marriage. You must certify that you and your spouse are no longer compatible.
You have the option of filing a fault-based divorce. In this type of divorce, you must cite specific grounds for divorce and evidence that your spouse engaged in the behavior you mentioned in your divorce papers.
According to Kansas Stat. § 23-2701, the Kansas Courts recognize the following grounds for divorce:
Most people take the no-fault divorce route. But, if you need to cite your spouse's behavior, you have the right to do so.
Once you decide which type of divorce to file, you must determine if your divorce will be uncontested or contested. Ideally, you and your spouse will agree that divorce is the best option. You may also agree to the material divorce terms.
You and your spouse can file a joint petition with an uncontested divorce. You can also file a regular petition and submit a copy of your marital settlement agreement. Once the judge approves your agreement, they will schedule a date to issue your final divorce decree.
With a contested divorce, you and your spouse disagree on the divorce terms. Perhaps one of you thinks you should sell the marital home while the other wants to keep it in the family. Or there could be a situation where both parents want full physical custody of the kids.
If you disagree with these terms, your case will go to trial. There, you'll both have a chance to argue your case before the judge. The judge will then make decisions on the outstanding legal issues.
There is no guarantee that either party will get spousal maintenance in the divorce. The judge will make this determination. You can also negotiate spousal maintenance as part of your divorce agreement.
In Kansas, you can get alimony for up to 121 months. Most cases involve support for a much shorter time. It depends on several factors, including:
According to Kansas Stat. § 23-2711, spousal maintenance may involve a lump-sum payment or periodic payments. The court will consider the totality of the circumstances when calculating alimony.
One of the most contentious issues in a Kansas divorce is child custody. The Kansas Family Courts presume that both parents will have legal custody of their minor children. Physical custody will depend on your situation.
Kansas law defers to the state's child support guidelines. Some of the factors the guidelines account for include:
You have the right to negotiate child support with your spouse. But, the judge has the right to overrule your agreement and impose their own child support order.
Kansas is an equitable distribution state. The courts will divide property based on equity and fairness. Rarely will the judge divide property 50/50.
Some of the property subject to division include:
In an uncontested divorce, the parties agree on dividing marital assets and debts. In a contested divorce, you can decide on property division, even if you disagree on other divorce terms.
Divorce is difficult, complex, and often emotionally exhausting. Even without children, it's difficult to negotiate a settlement with your estranged spouse. That's why it helps to have an attorney who knows the intricacies of Kansas divorce law.
Get started today by contacting an experienced Kansas divorce lawyer near you.
Visit FindLaw's section on Divorce for more articles and information on this topic. Also, check out our articles on Kansas Marital Property Laws and Kansas Child Custody Laws.
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