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
$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 by equitable distribution with a presumption of equal division
- ★Kansas courts can consider fault when dividing property
- ★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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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.
Yes. While Kansas allows no-fault divorce based on incompatibility, the court can consider the conduct of the parties during the marriage when making property division decisions, potentially resulting in a less favorable division for the at-fault spouse.