KANSAS DIVORCE BASICS AND OVERVIEW
|This is a divorce information guide to understanding divorce in Kansas. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.|
- Time Frame: Unless an emergency exists, there is a 60-day waiting period after the filing of the petition, which generally is used to work out details of the divorce.
- Where to File: District Court. "In the District court in and for the County of _____________, Kansas."
- State Statutes: Kansas Statutes Annotated: Chapter 60, Article 16.
- Name of Action: Petition for Divorce.
- Name of Parties: Petitioner, the filing spouse, and respondent, the other spouse.
- No-Fault or Fault and No-Fault Only: No-Fault and Fault.
- Primary Documents Filed: Petition for Divorce and Decree of Divorce.
- Physical Separation Required: No.
- Separation Time to File: There is no required separation period before filing for a divorce
- Legal Separation Permitted: Yes. In Kansas, a legal separation is an alternative to divorce. The spouses remain married but live apart under a decree of separate maintenance.
- Grounds: No-Fault, which means Incompatibility; and Fault, which includes failure to perform a material marital duty or obligation, or mental illness or mental incapacity.
- Residency Requirement: The petitioner must have either lived in the state for 60 consecutive days prior to filing a petition or have lived on a military base in the state for that same amount of time.
- Mediation Required: The court may require mediation what a case is contested, unless mediation would be inappropriate.
- Counseling Required: During the divorce process, the court may order that the spouses or their children be interviewed by a psychiatrist, licensed psychologist or other family counselor, approved by the court, to determine the best interests of the children regarding legal custody, residency, visitation or parenting time.
- Parenting Classes Required: According to Kansas Statutes Annotated; 60-16-1626, parents may be required to attend parent education classes, when they are unable to come to an agreement concerning parental responsibilities. The parenting class will focus on the benefits of working together as successful co-parents both during and after divorce. The cost and length of the class will vary by county and some county courts will accept online class certificates of completion.
- Filing Fee: Varies by county; about $190. (See KS Filing Fee Waiver Form)
- Where to File for Child Support: In Kansas, unless the court orders otherwise, the clerk of court or a court trustee receives child support payments. Information about Kansas Child Support Enforcement is found by calling 1-888-757-2445 (TTY 1-888-688-1666, for the hearing impaired).
- Child Support Guidelines Model: Kansas uses the Income Shares Model.
Kansas calculates child support based upon a percentage of the combined gross income of both parents after appropriate deductions are applied. There are also several factors, including the income of the parents, physical custody of the child, and any special needs he or she may have that are considered before a court will order the monthly support obligation. The Kansas support guidelines are described in Kansas Statutes Annotated §§ 20-165, 23-2215, 23-2217 and 38-2277. Support is designed to cover costs of education, medical care and other "reasonable and proper expenses based upon the parties' circumstances." In Kansas, support ends when the child turns 18 or 19 if he or she still attends high school (and indefinitely if the child cannot support himself or herself because of a physical or mental disability). Divorcing parties can agree on an amount different than what the Kansas guidelines produce, but that amount must be reasonable and approved by the court.
- Property Division: Kansas is an equitable distribution state and an all property state.
- Appreciation of Separate Property: The appreciation of separate property is marital.
- Attendance at Hearing: Yes. At least 60 days after the divorce is filed, both spouses will go to the divorce hearing. If the non-filing spouse cannot be there, contact the Court Clerk's office to find out what your options are.
- Fault Considered in Property Division: It may be.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: All process is made by a sheriff within the sheriff's county or by his or her deputy, by an attorney admitted to the practice of law before the supreme court of Kansas or by some person appointed as a process server by a judge or clerk of the district court.
- Divorce Records: The Kansas Vital Statistics of the Department of Health and the Environment
In Kansas, the Certificate of Divorce, which is obtained from the District Court Clerk, enters the divorce into the records for the state's Vital Statistics of the Department of Health and the Environment. The filing spouse typically completes the Certificate of Divorce before the Judge will sign the Decree of Divorce, which finalizes the divorce. Retrieving a copy of the Certificate of Divorce will show proof that the divorce took place and in what county it was filed and finalized. If further details regarding a divorce is required, one would want to obtain a copy of the actual Decree of Divorce which is available from the county court in which the divorce was filed.