Divorce Law in Kansas
Ready to Move Forward with Your Divorce in Kansas? family law procedures, and court requirements throughout the state.
Learn MoreDivorce in Kansas
Thinking about ending your marriage in Kansas? You’re not alone. Thousands of Kansans file for divorce each year, and while the process can feel daunting, Kansas law provides a straightforward path to help you move forward with clarity and confidence. Whether your marriage has lasted months or decades, you have the right to legally dissolve it — even if your spouse doesn’t agree.
Kansas is a no-fault divorce state, meaning you don’t need to prove wrongdoing. Most divorces are filed on the grounds of “incompatibility”, which simply means that the marriage can’t continue due to irreconcilable differences. You can also pursue fault-based grounds such as failure to perform marital duties or mental illness, though most people choose the no-fault route for simplicity and privacy.
Do I need my spouse’s permission to file?
No. In Kansas, one spouse can start the divorce process without the other’s consent. Even if your spouse refuses to participate, the court can still move forward and finalize your divorce once proper notice has been given.
How long does the divorce process take in Kansas?
Kansas law requires a minimum waiting period of 60 days after filing before a divorce can be finalized. However, most cases take longer—typically between 3 to 9 months—depending on factors like child custody, property division, and cooperation between spouses.
I just moved to Kansas. Can I file for divorce now?
To file for divorce in Kansas, either you or your spouse must have lived in the state for at least 60 days before filing. If you haven’t met that residency requirement yet, you’ll need to wait until you do.
Legal Process
Step 1: File the Petition
Start your case by filing a Petition for Divorce in your county’s District Court and paying the required filing fee.
Step 2: Serve Your Spouse
Legally deliver (serve) a copy of the divorce petition and summons to your spouse. You’ll need to file proof that they’ve been served.
Step 3: Exchange Financial Information
Both spouses must disclose all assets, debts, income, and expenses so the court can ensure a fair outcome.
Step 4: Negotiate or Go to Trial
Work toward a settlement agreement on property, support, and child custody. If no agreement is reached, the judge will make the final decisions
Step 5: Finalize the Divorce
After the 60-day waiting period and once all issues are resolved, the judge will sign the Decree of Divorce, officially ending the marriage.