Introduction
Filing for divorce is one of the most significant legal decisions a person can make, and understanding the laws specific to your state is an essential first step. In Kansas, divorce proceedings are governed by the Kansas Statutes Annotated (K.S.A.), primarily Chapter 23, which outlines the rules for marriage dissolution, property division, child custody, and spousal support.
Whether you are considering filing for divorce, have already been served with a petition, or simply want to understand your rights, this guide provides a comprehensive overview of the divorce process in Kansas. While it is not a substitute for professional legal advice, it will help you navigate the key concepts, requirements, and procedures involved in ending a marriage under Kansas law.
Grounds for Divorce in Kansas
Kansas is often described as a "no-fault" divorce state because one of its primary grounds — incompatibility — does not require either spouse to prove wrongdoing. However, the state does recognize fault-based grounds as well.
Under K.S.A. § 23-2701, a Kansas district court may grant a divorce on any of the following three statutory grounds:
1. Incompatibility
This is the most commonly cited ground for divorce in Kansas. Incompatibility simply means that the spouses can no longer get along or maintain a functional marital relationship. Neither party needs to prove that the other did something wrong. If one spouse asserts that the marriage is irretrievably broken due to incompatibility, the court can grant the divorce even if the other spouse disagrees.
2. Failure to Perform a Material Marital Duty or Obligation
This ground covers situations where one spouse has failed to fulfill a significant duty within the marriage. Examples may include the refusal to provide financial support, abandonment of the marital home, or a persistent unwillingness to participate in the marital relationship. The petitioner must demonstrate that the failure was material — that is, significant enough to undermine the marriage.
3. Incompatibility by Reason of Mental Illness or Mental Incapacity
A divorce may also be granted if one spouse is confined to a mental institution or is adjudged mentally ill or mentally incapacitated. There are specific procedural requirements associated with this ground, including notice to the confined spouse and, in some cases, the appointment of a guardian ad litem.
In practice, the vast majority of Kansas divorces are filed on the ground of incompatibility, which streamlines the process and avoids the need to assign blame.
Residency Requirements
Before a Kansas court can hear a divorce case, certain residency requirements must be met. Under Kansas law, either the petitioner or the respondent must have been an actual resident of the state of Kansas for at least 60 days immediately preceding the filing of the divorce petition.
This means you do not necessarily need to have lived in Kansas for years — a minimum of 60 consecutive days of bona fide residency is sufficient. The petition is typically filed in the district court of the county where either spouse resides.
If neither spouse meets the 60-day residency requirement at the time of filing, the court lacks jurisdiction to grant the divorce, and the case may be dismissed.
Property Division
Equitable Distribution
Kansas is an equitable distribution state. This means that marital property is divided in a manner the court deems fair, just, and reasonable — not necessarily in an equal 50/50 split. The court has broad discretion in determining what constitutes a fair division based on the circumstances of each case.
What Is Marital Property?
In Kansas, all property owned by either spouse at the time of the divorce is considered part of the marital estate, regardless of when or how it was acquired. This includes property acquired before the marriage, during the marriage, through inheritance, or by gift. Kansas courts use a "kitchen sink" approach, meaning everything goes into the pot for potential division.
However, while all property is subject to division, the court will consider the source and timing of acquisition when determining how to divide it equitably. Property that one spouse brought into the marriage or received as a gift or inheritance may be weighted in that spouse's favor, but it is not automatically excluded.
Factors the Court Considers
When dividing property, a Kansas court will typically consider factors such as:
- The age and health of each spouse
- The duration of the marriage
- The present and future earning capacity of each party
- Each spouse's contribution to the acquisition of marital property (including homemaking contributions)
- The needs of each party
- Whether property was acquired before or during the marriage
- Tax consequences of the proposed division
- Any dissipation or waste of marital assets
Debt Division
Marital debts are also subject to equitable division. The court will assess which debts were incurred for the benefit of the marriage and allocate responsibility accordingly.
Child Custody and Parenting Plans
Legal and Residential Custody
Kansas courts determine child custody based on the best interests of the child standard. The state recognizes two primary forms of custody:
- Legal custody: The right to make major decisions about the child's life, including education, healthcare, and religious upbringing. Legal custody can be awarded jointly or solely to one parent.
- Residential custody (physical custody): Where the child primarily lives. One parent may be designated as the residential custodian, or the parents may share residency on an alternating schedule.
Factors in Custody Decisions
Kansas courts consider a variety of factors when making custody determinations, including:
- The wishes of the child (if the child is of sufficient age and maturity)
- The wishes of the parents
- The interaction and relationship of the child with each parent, siblings, and other significant individuals
- The child's adjustment to home, school, and community
- Each parent's willingness to foster a positive relationship between the child and the other parent
- Evidence of domestic abuse or neglect
Parenting Plans
Kansas courts strongly encourage — and in many cases require — the parents to submit a parenting plan that outlines the custody arrangement, visitation schedule, decision-making responsibilities, and dispute resolution methods. If the parents cannot agree on a plan, the court will create one.
Child Support
Kansas uses established child support guidelines to calculate the amount of support each parent owes. The guidelines consider each parent's gross income, the number of children, healthcare and childcare costs, and the parenting time arrangement. Either parent may be ordered to pay child support, depending on the income disparity and custody arrangement.
Spousal Support (Maintenance)
Spousal support in Kansas is referred to as maintenance. It is not automatically awarded in every divorce; rather, the court considers whether one spouse has a demonstrated need and whether the other spouse has the ability to pay.
Types of Maintenance
Kansas courts may award maintenance on a temporary or longer-term basis. Under Kansas law, court-ordered maintenance is generally limited to 121 months (approximately 10 years), although the parties can agree to a different duration in a settlement agreement.
Factors Considered
The court considers several factors when deciding whether to award maintenance, including:
- The length of the marriage
- The age, physical, and emotional condition of each spouse
- Each spouse's ability to meet their own needs independently
- The time and expense necessary for the requesting spouse to acquire education or training to become self-sufficient
- The standard of living established during the marriage
- Each spouse's earning capacity and financial resources
Maintenance can be modified if there is a material change in circumstances, unless the parties have agreed otherwise in their divorce decree.
Filing Process
Here is a general overview of the steps involved in filing for divorce in Kansas:
Step 1: Prepare and File the Petition
The divorce process begins when one spouse (the petitioner) files a Petition for Divorce in the district court of the county where either spouse resides. The petition outlines the grounds for divorce and the relief sought, such as property division, custody, and maintenance.
Step 2: Serve the Other Spouse
The respondent must be formally served with the divorce papers. Service can be accomplished through personal service by a sheriff or process server, or the respondent may sign a voluntary entry of appearance, acknowledging receipt.
Step 3: Response
The respondent typically has 30 days to file an answer to the petition. If the respondent fails to respond, the petitioner may seek a default judgment.
Step 4: Discovery and Negotiation
Both parties exchange financial information and relevant documents. This phase may involve negotiations, mediation, or collaborative sessions to resolve disputed issues such as property division, custody, and support.
Step 5: Mandatory Waiting Period
Kansas law imposes a 60-day waiting period after the petition is filed before a divorce can be finalized (K.S.A. § 23-2708). This mandatory cooling-off period applies to all divorces, including uncontested ones.
Step 6: Final Hearing and Decree
Once the waiting period has passed and all issues are resolved — either by agreement or by trial — the court holds a final hearing. If the court is satisfied with the terms, it issues a Decree of Divorce, which formally dissolves the marriage.
Timeline and Costs
Timeline
The minimum timeline for a Kansas divorce is 60 days from the date the petition is filed, due to the mandatory waiting period. Uncontested divorces where both parties agree on all terms can often be finalized shortly after the 60-day period expires. Contested divorces involving disputes over property, custody, or support can take six months to over a year to resolve, depending on the complexity of the case.
Costs
- Filing fee: Approximately $173–$200, depending on the county. These fees are current as of February 2026 and may change; always verify with your local district court clerk.
- Attorney fees: Attorney costs vary widely depending on the complexity of the case, the attorney's experience, and the geographic area. Simple uncontested divorces may cost a few hundred to a few thousand dollars, while complex contested cases can cost significantly more.
- Mediation fees: If mediation is used, costs will vary depending on the mediator and the number of sessions required.
- Additional costs: Other potential expenses include process server fees, court reporter fees, expert witness fees, and costs associated with parenting classes (which may be required by some courts).
Fee waivers may be available for individuals who demonstrate financial hardship. You can request an affidavit of indigency from the court clerk.
Conclusion
Divorce in Kansas follows a structured legal process designed to ensure fair outcomes for both spouses and, most importantly, for any children involved. From meeting the 60-day residency requirement to navigating property division under the equitable distribution framework, understanding the basics of Kansas divorce law empowers you to make informed decisions about your future.
While many couples are able to reach agreements on the major issues and complete the process relatively quickly, contested matters can extend the timeline and increase costs significantly. Consulting with a qualified Kansas family law attorney is strongly recommended to protect your rights and interests.
Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and court procedures can change, and individual circumstances vary widely. You should consult with a licensed Kansas attorney who can evaluate your specific situation and provide guidance tailored to your needs. Court filing fees and procedural requirements should be verified with your local district court clerk, as they may differ by county and may have changed since the publication of this guide.