How to Get a No-Fault Divorce in Kansas – State Requirements and Documents

Seeking legal counsel on how to file for divorce in Kansas?

Kansas still needs grounds for divorce, although there is one no-fault ground: “incompatibility.”

Requirements for Residency

To ensure no-fault, at least one member of the separating marriage must have been a resident of Kansas for at least 60 days before filing for divorce, and he or she must explain the rationale for filing under the ground of incompatibility.

Complete your Forms

To start a divorce case, one spouse must file a Petition for Divorce in their own or their spouse’s County District Court. The Petitioner is the spouse who submits the first petition, while the Respondent is the opposite spouse. After the Petitioner has filed the divorce Petition and any other relevant paperwork (the additional forms for service vary by county), he or she must serve these forms on the Respondent. After being served, the Respondent must file a response with the same court. After filing this answer, the couple must wait 60 days before proceeding to trial.

The Divorce Decree and the 60-Day Waiting Period

During the required 60-day waiting period, the Petitioner and Defendant are urged to reach an agreement in order to avoid going to trial or to make the trial run more smoothly. Following the expiration of the 60-day waiting period, both the Petitioner and Respondent must state their claims, and the court will divide debts, property, child custody, and any other sort of support or marital asset in the most fair manner feasible. Please keep in mind that equitable does not imply equal, but rather what is fair to each partner.

A Word on Forms

If the parties have reached an agreement and do not want to continue with a long trial, the Divorce Settlement Agreement enables the distribution of property, assets, debts, and obligations, as well as the resolution of child support, custody, and visitation issues.

Unfortunately, since divorce paperwork in Kansas are not standardized, you must travel to your local County Clerk’s office to get extra papers for your divorce.