How to Get a Divorce in Kansas

If you’re considering getting a divorce in Kansas, there are a few things you should know. This blog post will walk you through the process of filing for divorce in Kansas, including the necessary paperwork and court procedures.

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Introduction

If you and your spouse have decided to divorce, you may be wondering how to go about getting a divorce in Kansas. The first step is to familiarize yourself with the Kansas divorce process. This article will provide an overview of the steps involved in getting a divorce in Kansas.

1. Filing for Divorce in Kansas
The first step in getting a divorce in Kansas is to file a Petition for Divorce with the court. You will need to include information about your marriage, your grounds for divorce, and any children of the marriage. Once the Petition is filed, your spouse will have 20 days to respond.

2. Serve Your Spouse with the Divorce Papers
Once you have filed your Petition for Divorce, you will need to serve your spouse with the paperwork. You can do this by hand-delivering the papers or by mailing them via certified mail. Your spouse will then have 20 days to file a response with the court.

3. Attend a Case Management Conference
After you have filed your Petition and served your spouse, you will need to attend a Case Management Conference. This is a meeting with a judge or mediator, during which you will discuss the details of your divorce and how to proceed forward.

4. Negotiate a Settlement Agreement
If you are able to reach an agreement with your spouse on all terms of the divorce, you can then draft a Settlement Agreement. This Agreement will outline all of the terms of the divorce, including child custody, child support, division of property, and alimony (if applicable). Once both parties have signed the Agreement, it can then be submitted to the court for approval.

5. Go to Trial (If Necessary)
If you are unable to reach an agreement with your spouse on all terms of the divorce, then it will be necessary to go to trial. During trial, each party will present their evidence and argue their case before a judge who will then make a decision on all issues in the divorce case.

The Grounds for Divorce in Kansas

In order to file for a divorce in Kansas, you or your spouse must have resided in the state for at least 60 days before filing. Additionally, grounds for divorce must be claimed. The grounds for divorce in Kansas are as follows: incompatibility, mental cruelty, physical cruelty, gross and confirmed habits of intoxication, adultery, desertion, confinement in jail, and lack of physical affection. If you and your spouse agree on the grounds for divorce and the terms of the divorce, you may be able to file for a uncontested divorce.

Fault-Based Divorce

In a fault based divorce, the person filing for divorce (the petitioner) must prove that their spouse is at fault for the breakdown of the marriage. The grounds for a fault-based divorce in Kansas are:

• Incompatibility: This means that the petitioner and their spouse are no longer compatible and there is no reasonable hope of reconciling. It’s important to note that incompatibility is not a ground for divorce if the couple has been living apart for less than two years.

• Unfaithfulness: This means that one spouse has had an affair. It’s important to note that unfaithfulness is not a ground for divorce if the couple has been living apart for less than one year.

• Mental cruelty: This means that one spouse has treated the other in a cruel and inhuman way.

• habitual drunkenness: This means that one spouse is habitually addicted to drugs or alcohol. It’s important to note that habitual drunkenness is not a ground for divorce if the couple has been living apart for less than one year.

• Abandonment: This means that one spouse has left the other without just cause or provocation for a period of more than one year.

No-Fault Divorce

In Kansas, you can get a divorce for any reason, including irreconcilable differences. You don’t have to prove anything to the court. All you need to do is file a petition for divorce and serve your spouse with the papers. Once your spouse has been served, he or she will have 20 days to respond to the petition. If your spouse doesn’t respond, you can ask the court for a default judgment and the divorce will be granted.

If your spouse does respond, you will then need to attend a hearing where both spouses will have a chance to present evidence and argue their respective cases. The judge will then make a decision and issue a final order granting or denying the divorce.

The Divorce Process in Kansas

If you are considering a divorce in Kansas, it is important to first understand the divorce process. In Kansas, the court will grant a divorce if it finds that there is no reasonable possibility of reconciliation between the parties. Once the court grants the divorce, the parties are free to remarry.

Filing for Divorce

The first step in getting a divorce in Kansas is to file a Petition for Divorce with the clerk of your district court. The party filing the divorce is known as the “petitioner.” The person being served with the divorce papers is known as the “respondent.” The person who will ultimately make the decision in your case is the judge.

In order to file for divorce in Kansas, you or your spouse must have been a resident of Kansas for 60 days prior to filing. Once you have filed your Petition for Divorce, it must be served on your spouse. Service can be accomplished by having a sheriff serve your spouse with the papers, or by having your spouse sign an Acceptance of Service form. Once service has been accomplished, you will need to file a Proof of Service with the court.

If you and your spouse are able to reach an agreement on all issues related to your divorce, you can file an uncontested divorce. An uncontested divorce is one where there are no disputed issues and no trial is necessary. If you are unable to reach an agreement on all issues related to your divorce, then you will need to proceed with a contested divorce. In a contested divorce, the judge will make all decisions regarding division of property, custody, visitation, child support and alimony at a trial.

You should note that even if you and your spouse agree on all issues related to your divorce prior to filing, it is still possible that your case may become contested if one of you changes his or her mind about terms of the agreement after papers have been filed with the court.

Serving the Divorce Papers

The first step in getting a divorce in Kansas is to serve your spouse with the divorce papers. This can be done by hiring a professional process server, or by having a friend or family member over the age of 18 serve the papers. The person serving the papers must have no interest in the outcome of the divorce.

Once the papers have been served, your spouse has 15 days to file a response with the court. If they do not respond, you can move forward with a default divorce. If they do respond, you will need to attend a mediation session and try to come to an agreement on the terms of your divorce.

The Waiting Period

In Kansas, the waiting period for a divorce to be final is 60 days. This means that once the divorce papers are filed with the court, the soonest it can be finalized is 60 days later. However, this does not mean that the divorce will necessarily take 60 days to finalize. The waiting period can be waived if both parties agree to do so and if there are no minor children involved in the divorce.

The Final Hearing

The final hearing (trial) is the last step in the divorce process. All of the issues in your case will be presented to a judge, who will make a decision about how to divide your property and debts, and whether or not alimony should be awarded. You or your spouse may also ask the court to make decisions about child custody, visitation, and support. If you and your spouse reach an agreement on all of the issues in your case before the final hearing, you may not need to appear in court.

Conclusion

You have now reached the end of our guide on how to get a divorce in Kansas. We hope that this information has been helpful to you and that you are now able to proceed with your divorce in a smooth and efficient manner. Remember, however, that every divorce is unique and that you may need to seek additional help or assistance along the way. If so, do not hesitate to reach out to a qualified attorney or other professional who can help you navigate the process.

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