Getting Divorced in Kansas: A Legal Guide for Non-Lawyers

At least one spouse must have been a resident of Kansas for at least 60 days before filing for divorce. Verify that you or your spouse meets this requirement before proceeding with any paperwork.

Collect documents including tax returns, pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, insurance policies, and documentation of debts. These will be needed for financial disclosures and property division discussions.

This is the document that initiates the divorce process. In Kansas, it must include basic information about both spouses, date and place of marriage, grounds for divorce (Kansas is a no-fault state, so 'incompatibility' is sufficient), information about children if applicable, and a general statement about property division. You can obtain this form from your local district court or online through the Kansas Judicial Branch website.

The Summons is a formal notice to your spouse that you've filed for divorce. It informs them that they have a specific time period (usually 21 days in Kansas) to respond to the petition. The Summons must be properly served to your spouse according to Kansas law.

Take the completed Petition for Dissolution of Marriage and Summons to the clerk of the district court in the county where either you or your spouse lives. You'll need to pay a filing fee (approximately $195, but varies by county). If you cannot afford the fee, you can ask for a fee waiver by filing a poverty affidavit.

In Kansas, you must properly serve your spouse with the divorce papers. This can be done through certified mail with return receipt requested, by the sheriff's office, or by a private process server. Personal service cannot be done by you. Your spouse will have 21 days to respond after being served.

If you've been served with divorce papers, you must file a Response to Petition within 21 days. In this document, you'll respond to the statements made in the petition and state your own requests regarding property division, child custody, etc. Failure to respond could result in a default judgment against you.

Both spouses must complete and exchange detailed financial disclosures. This document requires you to list all assets, debts, income, and expenses. Be thorough and honest—intentionally hiding assets can result in penalties from the court. In Kansas, this is typically required within 30 days of the initial filing.

Either spouse can request a temporary orders hearing to establish arrangements for child custody, support, use of property, and payment of debts during the divorce process. If requested, you must attend this hearing. The judge will issue temporary orders that remain in effect until the final divorce decree.

Most Kansas counties require parents of minor children to complete a parenting education class before finalizing a divorce. These classes focus on helping children cope with divorce and improving co-parenting skills. Check with your specific county court for approved providers.

If you have minor children, Kansas law requires a detailed Parenting Plan. This document outlines custody arrangements (legal and physical), visitation schedules, holiday arrangements, transportation responsibilities, and decision-making processes. The plan should prioritize the best interests of the children. Both parents should try to agree on this plan, but if you cannot, each can submit their own proposed plan for the court to consider.

Kansas uses specific guidelines to calculate child support based on both parents' incomes, the number of children, healthcare costs, childcare expenses, and parenting time. The Child Support Worksheet must be completed accurately using the Kansas Child Support Guidelines. The worksheet can be completed online through the Kansas Department for Children and Families website.

This agreement details how all marital property and debts will be divided. Kansas follows equitable distribution principles, meaning property should be divided fairly but not necessarily equally. The agreement should address all assets and liabilities including real estate, vehicles, bank accounts, retirement accounts, investments, and debts. If you cannot agree, the court will make these decisions for you.

If retirement accounts or pensions need to be divided, a QDRO is required. This specialized court order instructs retirement plan administrators how to divide these assets. Each retirement plan may have specific requirements for QDROs, so it's often advisable to consult with an attorney or QDRO specialist for this document.

Many Kansas courts require mediation if spouses cannot agree on issues related to children or property division. Even if not required, mediation can be a less adversarial and less expensive way to resolve disagreements. The mediator is a neutral third party who helps facilitate agreement but doesn't make decisions for you.

Once all required documents are filed and the mandatory 60-day waiting period from the filing date has passed, a final hearing will be scheduled. Both parties typically need to attend. Bring copies of all signed agreements. The judge will review your agreements and may ask questions to ensure they're fair and that you understand them.

This document finalizes your divorce and incorporates all agreements regarding property division, debt allocation, child custody, and support. The judge will sign this decree at or after your final hearing. Make sure all details are accurate before submission, as modifying it later can be difficult and expensive.

If child support or spousal maintenance (alimony) is ordered, Kansas typically requires a Wage Withholding Order. This document directs the paying spouse's employer to withhold support payments directly from their paycheck and send them to the Kansas Payment Center, which then distributes them to the receiving spouse.

Request several certified copies of your Final Decree of Divorce from the court clerk. You'll need these for various post-divorce tasks such as changing your name on official documents, transferring property titles, and updating beneficiary designations.

After divorce, review and update your will, trust, power of attorney, healthcare directives, and beneficiary designations on life insurance policies and retirement accounts. Kansas law automatically revokes provisions in wills that benefit former spouses, but other documents may need manual updates.

Follow through with all requirements in your divorce decree, including property transfers, debt payments, and support obligations. Failure to comply can result in contempt of court charges. If circumstances change significantly, you may need to file for modification of child support, custody, or maintenance orders.