Filing for Divorce in Kansas

1. What are the residency requirements for filing for divorce in Kansas?  
You or your spouse must have been a resident of the state for at least 60 days before filing. Anyone who has been a resident of or stationed at a U.S. military base in Kansas for at least 60 days also may file for divorce in the state.  

2. Does Kansas have a waiting period?       
Yes. The court will not hold a hearing until at least 60 days after you file your petition, unless there is some emergency that makes it necessary for the court to act sooner. The court may require you and your spouse to go to marriage counseling during this time.  

3. Does the state have grounds for divorce?  
There are three grounds for divorce in Kansas. You may file for a divorce because:

• You and your spouse are incompatible
• Your spouse “failed to perform a material marital duty or obligation,” meaning he or she might have abandoned you, committed adultery, been guilty of extreme cruelty, been habitually drunk or been convicted of and imprisoned for a felony
• Your spouse is mentally ill or mentally incapacitated. In this case your spouse must have been in a mental institution for at least two years or found mentally ill by a court while in a mental institution. In addition, two of three doctors must find that there is little hope of recovery.  

4. How does Kansas determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.
 
The court only divides your marital property, which is property you acquired after you were married. Marital property includes retirement benefits and pensions. Any property that you had before you were married and any profits from that property are your separate property and are excluded from the discussion. Any property you receive by gift or inheritance also is your separate property.  

Your property will be divided in a way the court thinks is most fair. This might mean splitting things; it might mean that one of you gets certain property and pays the other for part of its value; or it might mean certain property is sold and the proceeds are divided.  

To determine what is fair, the court will take into account:

• You and your spouse’s ages
• How long you were married
• The property each of you owns
• You and your spouse’s current and future earning potential
• How you acquired your property and where
• You and your spouse’s family ties and obligations
• Whether alimony (maintenance) is going to be awarded
• Whether you or your spouse mishandled your property
• The tax situations that each of you could face because of a division of property
• Any other factors the court decides are relevant  

5. Does Kansas require mediation before a divorce is granted?  
Mediation is not a requirement, though the court may order mediation any time you and your spouse can’t resolve a disagreement related to child custody, residency, visitation, parenting time, division of property or other issues.