Do your own divorce
Kansas - Divorce Requirements
The following information is to provide a basic understanding of the various aspects of Kansas divorce.

Click here for more specific information regarding Kansas divorce laws.

Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.

Residency Requirements At least one party must have been a resident of the state of Kansas for 60 days immediately preceding the filing of the petition.
Where to File The petition can be filed in the county where either spouse lives.
Grounds for Divorce Incompatibility
Failure to perform a material marital duty or obligation
Incompatibility by reason of mental illness or mental incapacity of either party
Voluntary or required mediation No
Voluntary or recommended CounselingYes
Property Distribution The court may divide the real and personal property of the parties, including any retirement and pension plans, whether owned by either spouse prior to marriage, acquired by either spouse in the spouse's own right after marriage, or acquired by the spouse's joint efforts. In making the division of property, the court shall consider the following factors:
  • The age of the parties
  • The duration of the marriage
  • The property owned by the parties
  • Their present and future earning capacities
  • The time, source, and manner of acquisition of property
  • Family ties and obligations
  • The allowance of maintenance (alimony) or lack thereof
  • Dissipation of assets
  • The tax consequences of the property division upon the respective economic assets
  • Other such factors as the court considers necessary to make a just and reasonable division of property
Child Custody If the parties have entered into a parenting plan it shall be presumed that the agreement is in the best interest of the child, unless specific findings prove otherwise. The court shall determine custody of a child in accordance with the best interests of the child, considering the following factors, among others:
  • The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto
  • The desires of the child's parents as to custody or residency
  • The desires of the child as to the child's custody or residency
  • The interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests
  • The child's adjustment to the child's home, school and community
  • The willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent
  • Evidence of spousal abuse
The court shows a preference for joint legal custody over sole legal custody in
Child Support In determining the amount of a child support order under the Kansas code for care of children, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165 and amendments thereto
Spousal Support Maintenance (alimony) may be in lump sum, in periodic payments, on a percentage of earnings or on any other basis, in an amount the court finds to be just, fair, and equitable under all of the circumstances. The maintenance award may not exceed 121 months, however at some point before the expiration of the stated period of time, the receiving party may apply to have the award extended and the court may extend the award, at its discretion, to a time not exceeding 121 months