Kansas

Divorce Law Guide

The facts about divorce in Kansas

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Kansas, a divorce can be completed on average in a minimum of 120 days, with court fees of $180.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Kansas for a minimum of two months.

On this page, you can learn about Kansas' grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Kansas alimony calculation, the property division process and more.

For Kansas, a spouse who is interested in getting a divorce must have lived in the state for a minimum of 60 days before a court will even consider a petition. From that, the state has two methods that can be used. The no-fault option and the fault option.

The courts of Kansas only recognize incompatibility for the no-fault option and would require both sides agree that this was the issue. With that, it will be easier for a court to issue a divorce decree. If either spouse does not agree, then a fault divorce would be the only option.

For the fault option, the state recognizes the following as reasons to seek a divorce: failure to perform marriage duty or obligation, incompatible due to mental illness or incapacity in either spouse.

As there are very few options available, it is important that a lawyer is consulted so they can take a look at the case and give you advice on the appropriate options to chose from. Also, they will able to provide you with an idea of how easy or difficult the case could be.

In state of Kansas a number of factors are taken into account when ending a marriage.

1. Kansas Grounds for Divorce FAQ

Is Kansas a no-fault divorce state?

Kansas allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Kansas may be "irreconcilable differences", or similar grounds.

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Does Kansas allow at-fault divorces?

In addition to no-fault grounds for divorce, Kansas is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Kansas' at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

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Does the state of Kansas allow incompatibility as grounds for divorce?

Yes, Kansas does allow incompatibility to be used as grounds for having a divorce.

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Can you get a divorce in Kansas for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Kansas does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Kansas' accepted grounds for divorce.

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2. Kansas Divorce Process FAQ

Does state of Kansas allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Kansas will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

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What's the difference between a divorce and an annulment in Kansas?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Kansas to get a divorce?

The state of Kansas requires that spouses suing for divorce to have lived in the state for a minimum of two months prior to filing divorce papers. Otherwise, Kansas courts are not considered to have jurisdiction over the divorce case.

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What is the filing fee for a divorce in Kansas?

The court fees for filing the paperwork for a basic divorce in a Kansas court is $180.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Kansas?

If the process moves along without holdups, the paperwork for a divorce in Kansas can be processed in a minimum of 120 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Kansas General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Kansas. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

Kansas permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Kansas.

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Does Kansas have any limitations on remarriage after a divorce?

Kansas requires there to be an interval of at minimum one months between the finalization of a divorce decree and either one of the former spouses getting remarried. If either spouse remarries before the 1 month waiting period is completed, the marriage may be declared invalid. Remarriage following a divorce may affect the continued payment of alimony.

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What is the divorce rate in Kansas?

According to the most recent CDC study, the yearly divorce rate in Kansas is 10 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

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Does Kansas recognize same sex divorces?

Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including Kansas, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.