Kansas · Divorce laws · Updated Oct 2026
Kansas divorce laws
Who can file for divorce in Kansas, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Kansas
- Who can file (residency)
- You or your spouse must have lived in Kansas for 60 days right before filing. Military members stationed in Kansas for 60 days count.
- Waiting period
- The case can't be heard until 60 days after the petition is filed, unless the judge finds an emergency.
- Court
- District Court in the county where you or your spouse live
- Official forms
- Divorce forms (Kansas courts)
- Court self-help
- Divorce self-help (Kansas courts)
- Filing fee
- $173 docket fee set by statute (K.S.A. 60-2001(a)); some courts add charges. Ask your clerk for the exact total.
- If you can't afford the fee
- File a poverty affidavit (affidavit of inability to pay) instead of the fee; no fee is required if the court accepts it (K.S.A. 60-2001(b)).
- Simpler process for agreed cases
- No summary process. If you agree on everything, you can file a signed property settlement agreement and parenting plan and finish at a short hearing after 60 days; Kansas Judicial Council forms are available for self-represented filers.
- E-filing
- Kansas district courts use statewide e-filing; self-represented filers can use it in many counties (check your court).
- Law
- K.S.A. 23-2703 · K.S.A. 23-2708
Divorce in Kansas, step by step
Check that you can file in Kansas
You or your spouse must have lived in Kansas for 60 days right before filing.
Get the official forms
Use the court's official divorce forms: Divorce forms (Kansas courts) No summary process.
File the papers and pay the fee, or ask for a waiver
File with the District Court in the county where you or your spouse live. Filing fee: $173 docket fee set by statute (K.S.A. 60-2001(a)); some courts add charges. Can't afford it? File a poverty affidavit (affidavit of inability to pay) instead of the fee; no fee is required if the court accepts it (K.S.A. 60-2001(b)).
Serve your spouse
Your spouse must be served with the petition and summons (sheriff, process server, or certified mail by the clerk), or can sign a voluntary entry of appearance or waiver.
Your spouse responds
21 days after being served with the summons and petition (at least 41 days from first publication if served by publication) (K.S.A. 60-212(a)). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The case can't be heard until 60 days after the petition is filed, unless the judge finds an emergency.
Agree, or go to mediation or a hearing
Courts may order mediation of custody and parenting issues (K.S.A. 23-3502); many districts use it routinely. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. If you ask, the court must restore your former name, at or after the time the divorce becomes final.
Free tools for Kansas
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Divorce timeline estimator for Kansas
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Kansas
- No-fault ground
- incompatibility
- Fault grounds
- Also allowed
- Law
- K.S.A. 23-2701 (other grounds: failure to perform a material marital duty; incompatibility due to mental illness or incapacity)
Property and debts in Kansas
- System
- Equitable distribution
- The rule
- The court divides all property, whether owned before marriage, acquired individually, or acquired together, in a just and reasonable way. Factors include age, length of the marriage, property owned, earning capacity, how it was acquired, family ties, and dissipation.
- Law
- K.S.A. 23-2802
Alimony (spousal support) in Kansas
Called maintenance. The court may award an amount it finds fair, but no single award can last more than 121 months (about 10 years). If the decree reserves the power, the recipient can ask, before payments end, to reinstate maintenance for up to another 121 months, and can ask again before each later period ends. K.S.A. 23-2902, 23-2904.
Children: custody and support in Kansas
- What Kansas calls custody
- legal custody, residency and parenting time (parenting plan)
- Parenting class
- Some judicial districts require a parenting class in divorces with minor children; check your district court's local rules.
- Child support agency
- Kansas Department for Children and Families, Child Support Services
Serving your spouse in Kansas
- How your spouse gets the papers
- Your spouse must be served with the petition and summons (sheriff, process server, or certified mail by the clerk), or can sign a voluntary entry of appearance or waiver.
- Time to respond
- 21 days after being served with the summons and petition (at least 41 days from first publication if served by publication) (K.S.A. 60-212(a)).
- Law
- K.S.A. 60-303, 60-212(a)
Going back to a former name in Kansas
Yes. If you ask, the court must restore your former name, at or after the time the divorce becomes final. Since 2023 you can also ask for a different new name in the divorce (K.S.A. 23-2716).
Mediation in Kansas
Courts may order mediation of custody and parenting issues (K.S.A. 23-3502); many districts use it routinely.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Kansas: If you are in danger, call 911. You can ask the district court for a Protection From Abuse order (K.S.A. 60-3101 et seq.). Kansas Crisis Hotline: 1-888-363-2287.
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Free help in Kansas
Good to know in Kansas
- Kansas caps maintenance (alimony) at 121 months unless reinstated (K.S.A. 23-2904).
- Since a 2023 amendment, the divorce court can change your name to a new name, not only your former one (K.S.A. 23-2716(b)).
Changes in 2024–2026
K.S.A. 60-2001 allowed a Supreme Court surcharge of up to $22 per docket fee only through June 30, 2025; current extra charges not confirmed.
Divorce checklist for Kansas
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Kansas
How long do you have to live in Kansas to file for divorce?
You or your spouse must have lived in Kansas for 60 days right before filing. Military members stationed in Kansas for 60 days count.
How long does a divorce take in Kansas?
The case can't be heard until 60 days after the petition is filed, unless the judge finds an emergency.
What are the grounds for divorce in Kansas?
Kansas's no-fault ground is incompatibility. Fault grounds are also allowed.
Is Kansas a community property state?
No. Kansas uses equitable distribution. The court divides all property, whether owned before marriage, acquired individually, or acquired together, in a just and reasonable way. Factors include age, length of the marriage, property owned, earning capacity, how it was acquired, family ties, and dissipation.
How much does it cost to file for divorce in Kansas?
$173 docket fee set by statute (K.S.A. 60-2001(a)); some courts add charges. Ask your clerk for the exact total.
Can I get the divorce filing fee waived in Kansas?
File a poverty affidavit (affidavit of inability to pay) instead of the fee; no fee is required if the court accepts it (K.S.A. 60-2001(b)).
Is there a simpler divorce process in Kansas?
No summary process. If you agree on everything, you can file a signed property settlement agreement and parenting plan and finish at a short hearing after 60 days; Kansas Judicial Council forms are available for self-represented filers.
How long does my spouse have to respond in Kansas?
21 days after being served with the summons and petition (at least 41 days from first publication if served by publication) (K.S.A. 60-212(a)).
Can I change my name back in a divorce in Kansas?
Yes. If you ask, the court must restore your former name, at or after the time the divorce becomes final. Since 2023 you can also ask for a different new name in the divorce (K.S.A. 23-2716).
Is mediation required in a divorce in Kansas?
Courts may order mediation of custody and parenting issues (K.S.A. 23-3502); many districts use it routinely.
Do divorcing parents have to take a class in Kansas?
Some judicial districts require a parenting class in divorces with minor children; check your district court's local rules.
How does alimony work in Kansas?
Called maintenance. The court may award an amount it finds fair, but no single award can last more than 121 months (about 10 years). If the decree reserves the power, the recipient can ask, before payments end, to reinstate maintenance for up to another 121 months, and can ask again before each later period ends. K.S.A. 23-2902, 23-2904.