What is the fastest divorce you can get in Kansas?

The fastest divorce in Kansas takes 60 days from the date the Petition for Divorce is filed. This is the mandatory waiting period established by K.S.A. § 23-2708. To achieve this timeline, both spouses must agree on all issues (uncontested divorce), have all paperwork completed and filed before the 60-day mark, and present their settlement agreement to the court for approval immediately after the waiting period expires. Cases involving limited assets and no minor children have the best chance of meeting this minimum timeline. In extremely rare emergency situations, a judge may waive the 60-day waiting period, but this requires a formal emergency declaration supported by detailed evidence.

How long do you have to live in Kansas before filing for divorce?

Under K.S.A. § 23-2703, either the petitioner or the respondent must have been an actual resident of Kansas for at least 60 days immediately preceding the filing of the divorce petition. Military personnel stationed at a U.S. military post or reservation within Kansas for at least 60 days also satisfy this requirement and may file in any county adjacent to their post. Importantly, residency is established at the time of filing — you do not need to continue living in Kansas after the petition is filed for the case to proceed.

How much does it cost to file for divorce in Kansas?

The base statewide filing fee for a divorce in Kansas is set by K.S.A. § 60-2001 at approximately $173. However, most Kansas district courts add a surcharge, bringing the total filing fee to approximately $195 in many counties. Additional costs may include service of process fees (around $15 for sheriff's service), notary fees, mediation fees ($100 to $300 per hour), parenting class fees ($20 to $50), and attorney fees. If you cannot afford the filing fee, you may request a fee waiver by filing a Poverty Affidavit with the court. As of February 2026 — verify current fees with your local clerk of the district court.

What are the grounds for divorce in Kansas?

Kansas recognizes three grounds for divorce under K.S.A. § 23-2701. The first and most common is incompatibility, which is a no-fault ground requiring only a statement that the marriage has broken down irretrievably with no prospect of reconciliation. The second is failure to perform a material marital duty or obligation, which is a fault-based ground requiring evidence. The third is incompatibility by reason of mental illness or mental incapacity of one or both spouses, which requires confinement in an institution for at least two years or an adjudication of mental illness, plus a finding by at least two of three court-appointed physicians that the prognosis is poor. The vast majority of Kansas divorces are filed on no-fault incompatibility grounds.

Do I need a lawyer to get divorced in Kansas?

Kansas does not require you to hire an attorney to file for divorce. You may represent yourself (known as proceeding 'pro se'). The Kansas Judicial Council provides divorce forms for both individuals with minor children and those without. The Kansas Self-Help Center at self-help.kscourts.gov also provides forms and guidance. However, if your divorce involves significant assets, business interests, child custody disputes, or spousal maintenance issues, consulting with an experienced family law attorney is strongly recommended to protect your rights and interests.

Can I get alimony (spousal maintenance) in a Kansas divorce?

Spousal maintenance is not automatic in Kansas. Under K.S.A. § 23-2902, the court may award maintenance in an amount it finds fair, just, and equitable under all circumstances. The judge considers factors including the length of the marriage, each spouse's earning capacity, age, and health. There is no set formula. Maintenance is generally capped at 121 months (about 10 years) per period under K.S.A. § 23-2904, though a supported spouse may petition for reinstatement before a period expires. Maintenance can be paid as a lump sum or in periodic payments.

How long after a Kansas divorce can I remarry?

Under K.S.A. § 23-2713, Kansas requires a 30-day waiting period after the divorce decree is entered before either party can legally remarry. Any marriage contracted before the judgment of divorce becomes final is considered voidable. Practically, this means you may remarry on the 31st day after the court signs off on your divorce decree.

What happens if my spouse does not respond to the divorce petition?

If the respondent fails to file a written response with the court within 21 days of being served, they may be found in default. In a default situation, the case may proceed without the respondent's participation, and the court can grant the divorce and issue orders on property division, custody, and support based on the petitioner's requests. However, the judge still must ensure that any orders are fair and comply with Kansas law. The 60-day mandatory waiting period still applies even in default cases.

Does Kansas require a separation period before filing for divorce?

No. Kansas does not have a mandatory period of separation before filing for divorce. As long as at least one spouse has been a resident of Kansas for 60 days prior to filing the petition, neither spouse is required to live separately before or after the petition is filed. The only mandatory waiting period is the 60-day period between the filing of the petition and the earliest date the court can finalize the divorce under K.S.A. § 23-2708.

How Long Does a Divorce Take in Kansas? Complete Timeline and Process Guide (2026)

Q: Is Kansas a 50/50 divorce state for property division?

No. Kansas is an equitable distribution state, not a community property state. Under K.S.A. §§ 23-2801 and 23-2802, the court divides marital property based on what is fair and equitable, which rarely results in an exact 50/50 split. Importantly, Kansas uses an all-property model: once a divorce action is filed, all property owned by either spouse — including property acquired before the marriage, inheritances, and gifts — becomes marital property subject to division. The court considers factors such as the age of the parties, duration of the marriage, each spouse's earning capacity, and how and when property was acquired.

Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Kansas Divorce Law

How Long Does a Divorce Take in Kansas? Quick Answer

A divorce in Kansas takes a minimum of 60 days due to the state's mandatory waiting period under K.S.A. § 23-2708. An uncontested divorce typically finalizes within 60 to 90 days. Contested divorces — involving disputes over property, custody, or support — can take several months to over a year. The fastest divorce possible in Kansas is 60 days from the date the petition is filed.

Understanding the Kansas Divorce Timeline

If you are asking how long does divorce take Kansas courts to finalize, the answer depends on the type of divorce you pursue, the complexity of your marital issues, and the court's schedule. Kansas law establishes a clear minimum timeframe, but several variables can extend the process well beyond that floor.

The divorce duration in Kansas is governed primarily by Chapter 23 of the Kansas Statutes Annotated (K.S.A.), specifically Article 27 (Dissolution of Marriage), Article 28 (Division of Property), and Article 29 (Establishment and Modification of Spousal Support).

The Mandatory 60-Day Waiting Period

Kansas imposes a mandatory waiting period of 60 days between the date a Petition for Divorce is filed and the earliest date the court can finalize the divorce. K.S.A. § 23-2708 provides that an action for divorce "shall not be heard until 60 days after the filing of the petition" unless a judge declares an emergency exists. This waiting period applies to every divorce filed in Kansas, whether uncontested or contested, no-fault or fault-based.

The 60-day waiting period serves several purposes. It allows both parties time to consider whether reconciliation is possible, provides an opportunity for spouses to negotiate terms related to assets, debts, child custody, and support, and ensures neither party rushes into a permanent legal decision during an emotional period.

Can the 60-Day Waiting Period Be Waived?

In rare circumstances, a Kansas judge may waive the waiting period by entering an order that declares the existence of an emergency. The statute requires the motion to describe the precise nature of the emergency, the substance of the evidence supporting it, and the names of witnesses who can testify. Emergency situations that Kansas courts may consider include cases involving domestic violence or abuse where the safety of a spouse or child is at imminent risk, severe financial hardship where delaying the divorce would cause significant harm, and child endangerment situations.

It is important to understand that most Kansas courts interpret the emergency exception narrowly. Standard financial disputes or general urgency to move on with life do not typically qualify.

Residency Requirements Before You Can File

Before any divorce timeline can begin, you must satisfy Kansas residency requirements. Under K.S.A. § 23-2703, the petitioner or respondent in an action for divorce must have been an actual resident of the state for 60 days immediately preceding the filing of the petition. If neither spouse meets this requirement, the court lacks jurisdiction and cannot proceed.

Military personnel stationed in Kansas also qualify. Any person who has been stationed at a United States post or military reservation within Kansas for 60 days immediately preceding the filing may file for divorce in any county adjacent to the post or reservation, per K.S.A. § 23-2703(b).

A key point: residency is established at the time of filing. After filing, you are not required to continue living in Kansas for the divorce to proceed.

Grounds for Divorce in Kansas

The grounds you choose can affect how long does divorce take Kansas courts to process your case. Under K.S.A. § 23-2701, Kansas district courts grant a decree of divorce on any of the following grounds:

Incompatibility (no-fault) — The most commonly used ground. You simply state that you and your spouse are incompatible, and there is no reasonable prospect of reconciliation. No evidence of wrongdoing is required.
Failure to perform a material marital duty or obligation (fault-based) — This ground requires one spouse to present evidence that the other failed in a significant marital obligation.
Incompatibility by reason of mental illness or mental incapacity (no-fault with conditions) — This ground requires either confinement of the spouse in an institution for mental illness for at least two years, or an adjudication of mental illness or incapacity while confined, along with a finding by at least two of three court-appointed physicians that the prognosis for recovery is poor.

No-fault divorces based on incompatibility are typically faster because spouses do not need to argue or prove fault. Fault-based divorces require more evidence, litigation, and court time, which can significantly extend the divorce duration.

Types of Divorce and Their Typical Timelines

Uncontested Divorce (60 to 90 Days)

An uncontested divorce occurs when both spouses agree on all major issues, including property division, spousal maintenance, child custody, and parenting time. This is the fastest divorce path available in Kansas. If the spouses have reached a full agreement, the divorce may be finalized as soon as the 60-day waiting period expires and the agreement is presented to the court for a judge's approval. The judge signs the Decree of Divorce, it is filed with the Clerk of the District Court, and the divorce is final.

Couples with limited assets and no minor children can often obtain a divorce right at the 60-day mark.

Contested Divorce (Several Months to Over a Year)

A contested divorce occurs when the parties cannot agree on one or more issues. This type of divorce can take significantly longer, often ranging from several months to over a year depending on the complexity of the disputes and court availability. Some highly contested divorces involving substantial assets, business valuations, or bitter custody battles can take even longer.

The general timeline of a contested divorce in Kansas typically follows these stages:

Filing and Service — The petitioner files the Petition for Divorce and serves the respondent. The respondent has 21 days after service to file a written response (Answer). Failure to respond in time may result in a default judgment.
Temporary Orders — After filing, either party may request temporary orders addressing child custody, support, bill payment, and use of marital property while the divorce is pending.
Discovery — The formal process of gathering evidence, including exchanging financial documents. This may include depositions, subpoenas, and expert valuations for complex assets such as businesses, real estate, or retirement accounts.
Mediation / Settlement Negotiations — Most Kansas courts, including Johnson County, require parties to attempt mediation before going to trial. Mediation involves a neutral third party facilitating negotiations.
Pre-Trial Conference — If mediation fails, the court schedules a pre-trial conference.
Trial — A judge hears the evidence and makes final decisions on all disputed matters.
Decree of Divorce — The judge signs the final decree, which is filed with the Clerk of the District Court.

Collaborative Divorce

Collaborative divorce involves both parties working with their respective attorneys to reach a mutually acceptable agreement without going to court. While this process can be quicker than a fully contested divorce, the timeline depends on the willingness of both parties to cooperate and negotiate in good faith.

Mediation-Based Divorce

Mediation offers a collaborative approach to resolving divorce-related issues. Compared to traditional litigation, mediation is often less time-consuming and less costly. If both parties are willing to negotiate constructively, a mediation-based divorce can be finalized relatively quickly after the mandatory 60-day waiting period.

Factors That Affect Divorce Duration in Kansas

Several factors influence how long does divorce take Kansas cases to reach completion:

Agreement Between Spouses — The single biggest factor. Couples who agree on all terms can finalize within 60 to 90 days. Disagreements on even one issue can add months.
Complexity of Assets — Cases involving significant assets, businesses, military retirement pay, professional goodwill, or real estate require expert valuations and more negotiation time. Under K.S.A. § 23-2801, all property owned by married persons becomes marital property at the commencement of a divorce action, including property owned before the marriage.
Child Custody Disputes — When parents cannot agree on a parenting plan, a judge will decide custody based on the best interests of the child. The court may appoint a Guardian ad Litem (GAL) to represent the child's interests, which adds time.
Court Schedules and Backlogs — High caseloads in certain Kansas counties can result in longer wait times for hearings and trial dates.
Uncooperative Spouse — If one party deliberately delays the process, including failing to respond to service, refusing to provide financial documents, or missing court dates, the divorce timeline can extend significantly.
Court-Ordered Counseling — Under K.S.A. § 23-2706, a Kansas court may order divorce counseling for up to 90 days if the judge believes there is a possibility of reconciliation.

Filing Fees and Court Costs

The statewide base filing fee (known as a "docket fee") for divorce in Kansas is established by K.S.A. § 60-2001. Most courts add a surcharge to this base amount, so the total filing fee is typically in the range of $173 to $195 depending on the county. For example, the total filing fee in the Third Judicial District (Shawnee County) has been reported at $195.

As of February 2026. Verify current fees with your local clerk of the district court before filing, as fees can change.

Additional costs to anticipate:

Service of process fees (sheriff's service is approximately $15)
Notary fees for petition verification
Mediation fees (typically $100 to $300 per hour if court-ordered)
Parenting class fees ($20 to $50 per person, often required when minor children are involved)
Decree filing/stamping fees
Attorney fees (vary widely based on case complexity)

If you cannot afford the filing fee, you may apply for a fee waiver by submitting a Poverty Affidavit to the court. The court will evaluate your financial situation to determine eligibility.

Property Division: Equitable Distribution

Kansas is an equitable distribution state. Under K.S.A. § 23-2802, the court divides marital property based on what is fair and just, not necessarily on a 50/50 basis. Kansas follows an "all-property" model, meaning that when a divorce action is filed, all property owned by either spouse — including assets acquired before the marriage, inheritances, and gifts — becomes marital property subject to division.

The court considers multiple statutory factors when determining a fair division, including the age of the parties, the duration of the marriage, the property owned by each party, their present and future earning capacities, the time and manner of acquisition of property, and the family ties and obligations of the parties.

Complex property division often extends the divorce timeline because it requires asset appraisals, forensic accounting, and business valuations.

Spousal Maintenance (Alimony)

Spousal maintenance in Kansas is not automatic. Under K.S.A. § 23-2902, the court may award maintenance in an amount the court finds fair, just, and equitable under all of the circumstances. There is no specific formula; the judge considers factors such as the length of the marriage, each spouse's earning capacity, and their age and health.

The duration of spousal maintenance is generally capped at 121 months (approximately 10 years) under K.S.A. § 23-2904, though the supported spouse may file motions for reinstatement prior to the expiration of subsequent periods, with no single period of reinstatement exceeding 121 months. Maintenance may be paid as a lump sum or in periodic payments.

Child Custody and Support

Kansas courts presume that both parents will have joint legal custody of their minor children. Physical custody (known as "residency" in Kansas law) and parenting time are determined based on the best interests of the child under K.S.A. § 23-3203. The court does not favor either parent based on gender and does not presume that young children should be placed with the mother.

Child support in Kansas is payable for any child under the age of 18 and may be extended by written agreement until age 19 if the child is still in high school. Support amounts are calculated using the Kansas Child Support Guidelines, which consider factors such as each parent's income, the parenting time arrangement, and the child's needs.

Remarriage After Divorce

Under K.S.A. § 23-2713, there is a waiting period before remarriage. Any marriage contracted by a party before the judgment of divorce becomes final is voidable. Kansas law requires a 30-day waiting period from the date the divorce decree is entered before either party can remarry. You may remarry on the 31st day after the court signs off on the divorce decree.

How to File for Divorce in Kansas: Step-by-Step

Confirm Residency — Ensure you or your spouse have been a Kansas resident for at least 60 days.
Prepare the Petition — Draft a Petition for Divorce stating the grounds and requested relief (property division, custody, support). The Kansas Judicial Council provides official divorce forms.
File the Petition — Submit the petition to the district court in the county where you or your spouse reside. Pay the applicable filing fee.
Serve Your Spouse — Deliver copies of the filed documents to the respondent. Service can be made by the sheriff, a private process server, or via certified mail.
Await Response — The respondent has 21 days to file an Answer.
Negotiate or Litigate — Work toward a settlement agreement. If you cannot agree, the case proceeds through discovery, mediation, and potentially trial.
Finalize — Once the 60-day waiting period has passed and all issues are resolved, the judge signs the Decree of Divorce.

The Kansas Self-Help Center (https://self-help.kscourts.gov) provides forms and guidance for individuals representing themselves.

How Long Does Divorce Take Kansas: A Quick Comparison

Fastest divorce possible: 60 days (uncontested, no children, simple assets)
Typical uncontested divorce: 60 to 90 days
Moderately contested divorce: 3 to 9 months
Highly contested divorce: 12 months or longer
Divorce with court-ordered counseling: Add up to 90 additional days