Divorce Resources in Kansas: Court Forms, Legal Aid & Filing Guide

To file for divorce in Kansas, you must have been a resident of the state for at least 60 days immediately before filing, as required by K.S.A. 23-2703. File the Petition for Divorce with the district court clerk in the county where either spouse resides. Kansas recognizes three grounds for divorce under K.S.A. 23-2701: incompatibility, failure to perform a material marital duty or obligation, and incompatibility by reason of mental illness. The vast majority of Kansas divorces cite incompatibility, which is a no-fault ground. You must file the Petition along with a Civil Cover Sheet and Self-Represented Litigant Certification Form. The filing fee is $195, which includes the base $173 docket fee under K.S.A. 60-2001 plus a court surcharge. If you cannot afford the fee, file an Application to Proceed Without Payment of Fees.

After filing, you must serve the Petition and Summons on your spouse through personal service — not by certified mail — unless your spouse files a Voluntary Entry of Appearance waiving formal service. If your spouse cannot be located, Kansas law allows service by publication under K.S.A. 60-307 after filing an Affidavit for Service by Publication. Both parties must complete and exchange a Domestic Relations Affidavit as required by Kansas Supreme Court Rule 139, disclosing all income, expenses, assets, and debts. In contested cases, parties must exchange these affidavits at least 14 days before trial. Kansas law imposes a mandatory 60-day waiting period from the date of filing before the court will grant a divorce, ensuring both parties have time to respond.

If minor children are involved, you must file a Parenting Plan and Child Support Worksheet with the Petition under K.S.A. 23-3214. The court may order parent education classes and may require mediation under K.S.A. 23-3502 if custody or parenting time is contested. Both parents must also file a Kansas Payment Center Form to establish the child support payment channel. You will need to complete a Vital Statistics Divorce Worksheet for the Kansas Department of Health and Environment. At the final hearing, present the proposed Decree of Divorce to the judge for signature. After signing, file the stamped decree with the clerk. The entire process for an uncontested divorce typically takes 60 to 90 days from filing to final decree.

Under K.S.A. 23-3214, the court is required to inform divorcing parents about the impact of family dissolution on children, how to prepare a parenting plan, the impact of domestic abuse on children, and available mediation resources. The court may order parents to attend parent education classes at its discretion. While parenting education is not automatically mandatory statewide, many Kansas judicial districts effectively treat it as standard practice through local court rules. For example, in the 18th Judicial District (Sedgwick County), the respondent must pay for and attend the parent education class offered by the judicial district at the time of filing initial documents. Parenting classes typically cost $20 to $50 and cover the impact of divorce on children, effective co-parenting communication, and reducing parental conflict. Some counties may require in-person classes and not accept online alternatives — check with your local district court for specific requirements.

Under K.S.A. 23-3502, the court may order mediation of any contested issue of child custody, residency, visitation, parenting time, division of property, or other issues, either upon a party's motion or on the court's own initiative. Mediation is discretionary statewide — not automatically required in every case — but courts regularly order it when parties cannot agree on custody or parenting time. When mediation is ordered, the court appoints a qualified mediator who has completed 24 hours of approved domestic mediation training. The mediator must consider any history of domestic violence, and must terminate mediation if domestic violence concerns warrant it. Any agreement reached through mediation is not binding until reduced to writing, signed by the parties and their attorneys (if represented), and approved by the court under K.S.A. 23-3503. Some judicial districts, such as the Third Judicial District (Shawnee County), require mediation before filing motions to modify custody. Mediation fees typically range from $100 to $300 per hour. See Kansas Courts Mediation Program.

All parties in a Kansas divorce, annulment, or separate maintenance case must complete and file a Domestic Relations Affidavit as required by Kansas Supreme Court Rule 139. This sworn financial disclosure details all sources of income, monthly expenses, real and personal property, bank accounts, retirement accounts, debts, and other financial obligations. Both represented and unrepresented parties must prepare the affidavit on the form prescribed in the appendix of the Kansas Child Support Guidelines. In contested cases, parties must exchange Domestic Relations Affidavits at least 14 days before trial and file copies with the trial judge. The affidavit must be properly notarized. Failure to disclose assets or income can result in sanctions. When minor children are involved, a Child Support Worksheet must also be completed using both parents' income information from the affidavits to calculate support obligations under the Kansas Child Support Guidelines (Administrative Order 307).