Divorce in Kansas: Laws, Requirements, and Process
A complete guide to getting a divorce in Kansas. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 60 days in the state.
- Waiting period: 60 days from filing.
- Filing fee: $175 - $200.
Grounds for Divorce
Kansas allows no-fault divorce. The no-fault ground is: Incompatibility.
Fault-Based Grounds
Kansas also recognizes these fault-based grounds for divorce:
- Failure to perform a material marital duty or obligation
- Incompatibility by reason of mental illness or mental incapacity
Residency Requirements
60 days in the state.
Property Division
Kansas is an equitable distribution state. Kansas follows equitable distribution. Courts divide all property owned by either spouse, including separate property, fairly based on the age of the parties, the duration of the marriage, the property owned by the parties, their present and future earning capacities, the time and manner of acquisition of property, and tax consequences.
Alimony / Spousal Support
Kansas courts may award spousal maintenance for a period not exceeding 121 months. Courts consider the age of the parties, their earning capabilities, the length of the marriage, the property owned by each party, the time needed for education or training, and the financial resources of each spouse.
Child Custody
Kansas courts determine custody based on the best interest of the child. The state encourages joint custody arrangements. Factors include the child's interaction with each parent, the child's adjustment to home and school, each parent's willingness to respect the child's relationship with the other parent, and any history of domestic abuse.
Child Support
Kansas uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, and costs for health insurance, childcare, and other extraordinary expenses.
Filing Fee
The filing fee for divorce in Kansas is $175 - $200. Fee waivers may be available for those who cannot afford to pay.
Kansas court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Kansas?
Kansas allows no-fault divorce based on incompatibility. The state also allows divorce for failure to perform a material marital duty and incompatibility due to mental illness or incapacity.
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How long do you have to live in Kansas to file for divorce?
At least one spouse must have been a resident of Kansas for at least 60 days before filing the petition for divorce.
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How is property divided in a Kansas divorce?
Kansas uses equitable distribution and courts may consider all property, including separate property, for division. The division is based on factors like the length of the marriage, each party's earning capacity, and how property was acquired.
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How long does a divorce take in Kansas?
Kansas has a 60-day waiting period from the date of filing. Uncontested divorces can be finalized in approximately 60 to 90 days. Contested cases can take 6 months or longer.