State Laws

Kansas Divorce


Kansas Divorce Requirements
Filing for divorce in different states is quite similar with only slight changes for each specific state. One of these differences defines where a divorce is petitioned. The county of residency dictates which court will handle the case.

Divorces are federal cases so they are handled by the circuit courts of each county, thus why it is important to file with the appropriate court. In order to file within the state of Kansas individuals must be residents for a minimum of sixty days.

In other states whichever individual files for divorce does not necessarily need to be state resident but his or her spouse does need to be a resident. In Kansas the divorce petitioner must be a Kansas resident, even if his or her spouse is not. Those serving in Kansas on military duty are considered residents after sixty days and may petition for divorce.

Kansas Grounds for Divorce
When individuals file for divorce in Kansas they must state the reason for the divorce. This is called the grounds for filing. Not all reasons for divorce are accepted by the state of Kansas, and not all states have the same divorcing grounds. These grounds must be legal.

A couple may decide on the grounds for divorce before filing or the petitioner may file singly and be required to prove those grounds before the court.

A divorce decree can come under one of the two designated areas: Fault claims or No-fault claims. No-fault claims state that a divorce shall be based on incompatibility. Under this decree no sole individual will be seen as responsible for the disintegration of the marriage. The No-fault claim states that no one is at fault.

A divorce decree can also be brought under Fault claims. This decree cites one individual responsible for the marriage's disintegration and names one individual at fault. Fault claims include incompatibility due to mental incapacity or mental illness by either one or both individuals and a failure to have all marital obligations and duties performed.

Incompatibility due to mental illness requires that the individual be confined in a mental institution for at least two years (un-continuous confinement is allowed) or the mental illness will need to be adjudicated through the court while the individual is under confinement in a mental institution.

Spousal Support
In a divorce case no spouse is obligated to provide spousal support unless obligated through a judge's ruling. Spousal support can either be permanent or temporary. The individuals involved in the divorce may agree to award spousal support or the court may make such a decision without individual involvement.

A spousal support decree can later be altered or terminated under the dictated circumstances. The motion can later be altered through the court at least one month after the decree was awarded. One hundred twenty-one months after a motion was awarded, the decree can no longer be altered. Nearly any portion of a spousal support decree may be maintained or modified at anytime until the date of expiration has fully passed, according to Kansas Statute Chapter 60 Article 16 Subject 1610.

See also:
Kansas Felony
Kansas Gun Laws
Kansas Bankruptcy
Kansas Misdemeanors External link (opens in new window)
Kansas Expungement External link (opens in new window)
Kansas Lemon Law External link (opens in new window)