Kansas Statutes Chapter 23 - Family Law Code

Kansas recognizes three grounds for divorce: (1) incompatibility, (2) failure to perform a material marital duty or obligation, and (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses. Incompatibility is the no-fault ground and is most commonly used — neither spouse must prove the other did anything wrong.

Effective: 2024

A court will grant an annulment on two grounds: (1) the marriage is void for any reason under Kansas law, or (2) the marriage contract was induced by fraud. An annulment treats the marriage as though it never legally existed, unlike a divorce which dissolves a valid marriage.

Effective: 2024

Either the petitioner or the respondent must have been an actual resident of Kansas for at least 60 days immediately before filing for divorce. Military personnel stationed at a U.S. post or reservation within the state for 60 days may file in any county adjacent to that installation. A spouse may establish a separate residence from the other spouse for filing purposes.

Effective: 2024

All property owned by either spouse — regardless of when or how it was acquired, and regardless of whose name is on the title — becomes marital property the moment a divorce action is filed. This includes inheritances, premarital assets, vested and unvested military retirement pay, and professional goodwill. Each spouse's ownership interest vests at the time of filing and is finalized by the court.

Effective: 2024

Kansas is an equitable distribution state — the court divides property fairly, which does not necessarily mean equally. The court considers the age of the parties, length of the marriage, present and future earning capacity, how property was acquired, family responsibilities, and tax consequences. The court may divide property in kind, award it to one spouse with a payment to the other, or order a sale.

Effective: 2024

The court must determine legal custody, residency, and parenting time based on the best interests of the child. This is the overarching standard that governs all custody decisions in Kansas. The court has broad discretion to craft arrangements that serve the child's welfare.

Effective: 2024

When parents agree on a parenting plan, there is a rebuttable presumption that the agreement is in the child's best interests. The court can override the agreement only by making specific findings explaining why it does not serve the child's best interests.

Effective: 2024

The court considers a non-exhaustive list of factors including: each parent's involvement before and after separation, the parents' and child's desires, the child's age and emotional and physical needs, relationships with parents and siblings, and any history of domestic abuse. The court also examines whether a parent is a registered offender, convicted of child abuse, or lives with someone who is.

Effective: 2024

Neither the mother nor the father receives any presumption in their favor regarding custody or residency of a child. The court evaluates both parents on equal footing based solely on the child's best interests, without any gender-based preference.

Effective: 2024

Every parent is entitled to reasonable parenting time unless the court finds, after a hearing, that exercising parenting time would seriously endanger the child's physical, mental, moral, or emotional health. The court can set specific schedules and enforcement mechanisms for parenting time orders.

Effective: 2024

A parent must give the other parent written notice by restricted mail at least 30 days before changing the child's residence or removing the child from Kansas for more than 90 days. Failure to give notice is indirect civil contempt. The court may treat relocation as a material change of circumstances justifying custody modification, considering the move's effect on the child, on the other parent's rights, and the increased costs of exercising parenting time.

Effective: 2024

In any divorce action, the court must make provisions for the support and education of the minor children. Support generally continues until the child turns 18, but may extend if the child is still attending high school after age 18 or if the parents have a written agreement approved by the court for support beyond that age.

Effective: 2025

The court must follow the Kansas Child Support Guidelines adopted by the Kansas Supreme Court. Kansas uses the income shares model — both parents' incomes are combined to determine total support obligation, then each parent pays proportionally. Both parties must file a domestic relations affidavit and proposed child support worksheet. Parents may agree on an amount, but it must be approved by the court and generally conform to the guidelines.

Effective: 2025

Within three years of the original order or last modification, you must show a material change in circumstances to modify child support — typically a change that would result in at least a 10% difference in the support amount. After three years, no material change is required. Modifications can be made retroactive to the first day of the month after the motion was filed. Voluntary unemployment generally does not justify a reduction.

Effective: 2024

As part of any child support order, the court addresses health insurance coverage for the minor children. The court may order either or both parents to maintain health insurance when it is available at a reasonable cost, ensuring children have continuous medical coverage after divorce.

Effective: 2024

The court may award maintenance to either spouse in an amount that is fair, just, and equitable under all circumstances. There is no formula — the judge considers the length of the marriage, each spouse's financial resources and earning capacity, the marital standard of living, each spouse's age and health, contributions to the marriage, and time needed for education or training to become self-supporting. Maintenance may be paid as a lump sum, periodic payments, or a percentage of earnings.

Effective: 2024

A court cannot order spousal maintenance for longer than 121 months (approximately 10 years). The court may extend maintenance beyond 121 months only if the original order specifically allows for court review, and only upon finding unusual and compelling circumstances. No single extension may exceed 121 months. Maintenance terminates automatically upon the death of either spouse or the remarriage of the recipient.

Effective: 2024

Either spouse may file a petition for divorce in the district court where either spouse resides, or where the non-filing spouse can be served. The petition must state the grounds for divorce and what relief is sought (property division, custody, support). The filing spouse must serve the other spouse with the petition and summons.

Effective: 2024

Kansas requires a mandatory 60-day waiting period after filing before the divorce can be finalized. The court may waive this period in emergency situations upon motion with at least 7 days' notice to both parties and a hearing no sooner than 21 days after service (unless both parties agree otherwise). The requesting spouse must present evidence that circumstances warrant expedited proceedings.

Effective: 2024

If the spouses have entered into a separation agreement and the court finds it valid, just, and equitable, the agreement will be incorporated into the divorce decree. A separation agreement may include parenting plan provisions. Once incorporated into the decree, the agreement generally cannot be modified unless the parties consent or the agreement specifically permits modification.

Effective: 2024

The court must hold a pretrial conference upon request of either party, or may do so on its own initiative. The pretrial conference must be scheduled on a date other than the trial date. The conference is used to narrow issues, encourage settlement, and manage the case toward efficient resolution.

Effective: 2024

The court may order mediation of any contested issue including custody, residency, parenting time, or property division, at any time during the case. The court appoints a mediator considering the parties' preferences, conflicts of interest, and the mediator's expertise in child development, family psychology, and mediation techniques. Mediation is confidential — statements made during mediation cannot be disclosed to the court if no agreement is reached.

Effective: 2024

A divorce decree becomes effective immediately but remarriage is prohibited for 30 days following the date the decree is entered. A spouse may remarry on the 31st day. The statute also addresses the effect of a divorce decree granted in another state on Kansas proceedings.

Effective: 2024

Under Kansas's Protection from Abuse Act, a victim of domestic violence can obtain a court order restraining the abuser from contact, granting the victim exclusive possession of the home, awarding temporary custody of children, and prohibiting electronic tracking. Protection orders last 1–2 years and can be extended up to the lifetime of the abuser if there are prior violations or felony convictions. Violating a protection order is a criminal offense.

Effective: 2024

Kansas adopted the Uniform Premarital Agreement Act governing prenuptial agreements. A prenup must be in writing and signed by both parties, but requires no consideration. Parties can address property rights, spousal support, and estate matters, but cannot adversely affect a child's right to support. A prenup is unenforceable if it was not signed voluntarily or is unconscionable. Both parties must provide full financial disclosure.

Effective: 2024

Upon request, the court must restore a spouse's former name at or after the time the divorce decree becomes final. The court may also grant a name change to an entirely different name — not just a restoration of a maiden name. The Kansas Judicial Council provides a standardized form for name change requests in divorce proceedings.

Effective: 2024

Kansas enforces child support through automatic income withholding orders served on the paying parent's employer. The employer must deduct and remit support payments to the Kansas Payment Center. Income withholding takes priority over most other claims against earnings. The paying parent may contest the withholding order on limited grounds, and the court can modify or terminate it if the underlying support order changes.

Effective: 2024

In contested custody cases, the court may order an investigation and report by court services officers, a consenting person, or an agency employed by the court. The Kansas Department for Children and Families may conduct the investigation if no other source is available. The investigation examines the home environment, parenting ability, and circumstances of the children, and the cost may be assessed to the parties.

Effective: 2024

Kansas allows one spouse to bring a civil tort claim against the other spouse during divorce proceedings. This means if one spouse was harmed by the other's wrongful conduct — such as assault, fraud, or intentional infliction of emotional distress — that claim can be resolved within the divorce action rather than requiring a separate lawsuit.

Effective: 2024