States can have extensive restrictions on the marriage process, and they can likewise have quite a few regulations on how a marriage comes to an end. While a divorce in general is easier to obtain than ever, it may be more complicated to get out of your Sunflower State marriage than it was to get into it. Here is an overview of the legal requirements for divorce in Kansas.
Kansas Divorce Laws: The Basics
State laws determining the legal requirements for divorce set out the process by which marriages become legally dissolved. Kansas, like many states, has a 60-day residency requirement to file for divorce, as well as a 60-day waiting period between a divorce filing and a court hearing. “Incompatibility†and “the failure to perform a material marital duty or obligation†are the legal grounds for divorce in Kansas. The details of Kansas’s divorce statutes are listed below.
| Code Section | Kansas Statutes 23-2701, et seq.: Dissolution of Marriage |
| Residency Requirements | One party must have been resident for 60 days before filing. |
| Waiting Period | Hearing not for 60 days after filing (unless emergency). |
| 'No Fault' Grounds for Divorce | Incompatibility . |
| Defenses to a Divorce Filing | - |
| Other Grounds for Divorce | Insanity (mental illness/incapacity); incompatibility; failure to perform material marital duty/obligation |
No Fault Divorce Laws
Along with many other states recently, Kansas offers what is known as a “no fault†divorce under the state’s “incompatibility†ground for divorce. In a no fault divorce, you don’t have to prove (or even allege) that your soon-to-be-ex engaged in any specific wrongdoing in order to get a divorce. Instead, you only have to tell the court that you and your spouse are “incompatible,†and there is no use in trying to preserve the marriage.
States also have some alternatives to divorce, like an annulment or legal separation. Each of these processes has its own separate requirements and they only apply to specific circumstances. If you and your spouse have any shared minor children, you should also be familiar with Kansas child custody laws, as well as any state child support guidelines and child support enforcement regulations.
More Resources for Kansas Divorce Laws
Going through a divorce can be both emotionally difficult and legally complex. You can visit FindLaw’s section on Divorce for additional articles and information on this topic. Also, check out FindLaw's articles on Kansas Marital Property Laws and Kansas Child Custody Laws.
Get Professional Legal Guidance for Your Kansas Divorce
Divorce is difficult, complex, and often emotionally exhausting. Even without children, it can be difficult negotiating a settlement with your estranged spouse. That's why it helps to have an attorney by your side who knows the intracacies of Kansas divorce law. Get started today by reaching out to an experienced Kansas divorce lawyer near you.
