How to File for Divorce in Kansas
How to file for divorce in Kansas: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: Either spouse must have actually lived in Kansas for the 60 days before the petition is filed. A person who has lived on or been stationed at a U.S. military post in Kansas for 60 days may file in a county next to the post. K.S.A. 23-2703
| Residency requirement | Either spouse must have actually lived in Kansas for the 60 days before the petition is filed. A person who has lived on or been stationed at a U.S. military post in Kansas for 60 days may file in a county next to the post. Source: K.S.A. 23-2703 |
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| Filing fee | The total filing fee for a divorce is $195 (Johnson County adds $1.50 and Sedgwick County adds $2.00). A post-judgment motion in a divorce case costs $62. If you cannot pay, you can file a Poverty Affidavit to ask the judge to waive all or part of the fees. |
| Uncontested or simplified divorce | Kansas has no separate simplified divorce. If the spouses agree on dividing property, debts and real estate and on a parenting plan, they write out their agreement, contact the court for a final hearing, and bring the forms and a blank Decree of Divorce; the judge may ask questions before approving it. A separation agreement the court finds valid, just and equitable is incorporated into the decree. |
| Waiting period | A divorce cannot be heard until 60 days after the petition is filed, unless the judge declares an emergency in a written order explaining the nature of the emergency and the evidence. Source: K.S.A. 23-2708 |
Where to get help in Kansas
More Kansas divorce & family law
- Getting a Marriage License in Kansas
- Adopting a Child in Kansas
- Guardianship of a Child or Adult in Kansas
- Establishing Paternity in Kansas
- Changing Your Name in Kansas
- Child Custody Laws in Kansas
- How Child Support Is Calculated in Kansas
- Alimony and Spousal Support in Kansas
- Legal Separation and Annulment in Kansas
- All Kansas divorce & family law rules
FAQ
How long do you have to live in Kansas to file for divorce?
Either spouse must have actually lived in Kansas for the 60 days before the petition is filed. A person who has lived on or been stationed at a U.S. military post in Kansas for 60 days may file in a county next to the post.
How much does it cost to file for divorce in Kansas?
The total filing fee for a divorce is $195 (Johnson County adds $1.50 and Sedgwick County adds $2.00). A post-judgment motion in a divorce case costs $62. If you cannot pay, you can file a Poverty Affidavit to ask the judge to waive all or part of the fees.
How do you get an uncontested divorce in Kansas?
Kansas has no separate simplified divorce. If the spouses agree on dividing property, debts and real estate and on a parenting plan, they write out their agreement, contact the court for a final hearing, and bring the forms and a blank Decree of Divorce; the judge may ask questions before approving it. A separation agreement the court finds valid, just and equitable is incorporated into the decree.
Is there a waiting period for divorce in Kansas?
A divorce cannot be heard until 60 days after the petition is filed, unless the judge declares an emergency in a written order explaining the nature of the emergency and the evidence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.