Divorce in Kansas
Kansas allows both no-fault and fault-based grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a Kansas resident for 60 days. A 60-day waiting period applies after filing.
Quick Facts
Residency Requirement
60 days residency required
Waiting Period
60 days after filing
Filing Fee (approximate, varies by county)
$175-$400
Property Division
equitable distribution
Grounds for Divorce
- Incompatibility
- Failure to perform a material marital duty
- Incompatibility by reason of mental illness
Key Facts
- Kansas has a 60-day mandatory waiting period after filing
- Residency requirement is 60 days for at least one spouse
- Property is divided in a just and reasonable way, with no presumption of an equal split
- Fault plays no part in dividing property except in rare cases of gross and extreme misconduct, though wasting marital assets is a listed factor
- Kansas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act
Child Custody
Kansas courts determine custody based on the best interests of the child. The court considers the parents' wishes, the child's wishes, the child's adjustment to home and community, and the emotional and physical needs of the child. Joint custody is common.
Alimony / Spousal Support
Kansas courts may award spousal maintenance for a reasonable period, but it is generally limited to 121 months. The court considers the earning capacity of each spouse, the length of the marriage, and the financial resources available to each party.
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FAQs
Common questions about divorce in Kansas
Yes. Kansas generally limits spousal maintenance to 121 months (about 10 years). The court determines the amount and duration based on factors such as the length of the marriage, each spouse's earning capacity, and their respective financial needs.
Rarely. Kansas courts divide property in a just and reasonable way using the factors in K.S.A. 23-2802, and fault is not one of them. The Kansas Supreme Court has said fault counts only where misconduct is so gross and extreme that ignoring it would be unfair (Marriage of Sommers, 1990). Wasting marital assets is a separate listed factor.